What Is a Trademark and Why Is Trademark Registration Important?
Throughout history, competition has been an inherent aspect of human nature. Commercial competition, in particular, has existed since ancient times. In recent years, rapid technological advancements and globalization have significantly increased competition, which has also led to a rise in unfair competition practices.
In order to prevent the misuse of the commercial success of goods or services by bad-faith competitors, legal protection mechanisms have become necessary. Distinctive signs are required to differentiate the goods or services offered by different individuals or companies. The concept of trademark registration has therefore become widespread to prevent consumer confusion and to protect the rights of proprietors.
Trademark registration has gained increasing importance worldwide. The protection of reputation and brand recognition of individuals or companies depends on such registration. Even small-scale businesses can safeguard their commercial interests through trademark registration.
In this article, we examine the purpose of trademark registration and its implementation in Türkiye.
Legal Framework of Trademark Registration in Türkiye
Trademark registration and related matters are regulated under Industrial Property Law No. 6769, which entered into force on January 10, 2017. Prior to this date, trademarks were governed by Decree Law No. 556.
Law No. 6769 consolidated all matters relating to industrial and intellectual property under a single legislative act and remains in force.
Signs Eligible for Trademark Registration
Pursuant to Article 4 of Law No. 6769, words, shapes, colors, letters, numbers, sounds, and packaging forms may be registered as trademarks.
Accordingly, a word, number, shape, or letter may be subject to trademark registration. However, such sign must meet specific legal requirements. The primary requirement is distinctiveness. A sign lacking distinctive character cannot be registered as a trademark.
Conditions for Trademark Registration
Law No. 6769 regulates this matter by setting forth grounds for refusal. If an application contains any of the refusal grounds stipulated by law, it shall be rejected.
The grounds for refusal are categorized as absolute and relative grounds.
Absolute Grounds for Refusal (Article 5)
Article 5 provides for absolute grounds for refusal. The existence of any such ground is sufficient for mandatory rejection.
These grounds concern signs that cannot be monopolized by any person due to their nature. For example, commonly used expressions cannot be granted exclusively to a single entity. Likewise, signs contrary to public order or morality are not eligible for registration.
Relative Grounds for Refusal (Article 6)
Article 6 regulates relative grounds for refusal. Unlike absolute grounds, they are not examined ex officio by the authority.
They are considered upon opposition by a party whose prior trademark rights may be infringed. In essence, they concern conflicts with earlier registered trademarks or rights.
Therefore, for a sign to be registered as a trademark, it must:
- fall within the scope of Article 4,
- possess distinctive character,
- not fall under absolute or relative grounds for refusal.
Term of Protection
Under Article 23 of Law No. 6769, a registered trademark is protected for 10 years from the filing date of the application.
Cancellation of a Registered Trademark
Pursuant to Article 9 of Law No. 6769, if a trademark is not genuinely used in Türkiye within five years from the date of registration without justified reason, or if its use is suspended for an uninterrupted period of five years, it may be subject to cancellation.
Use of the trademark by third parties with the consent of the proprietor is deemed valid use and does not lead to cancellation.
However, in certain cases a trademark may have been registered despite the absolute or relative grounds for refusal set forth in Articles 5 and 6 of Law No. 6769, as discussed above. For example, a new trademark may be registered that is highly similar to, or constitutes an imitation of, a previously registered trademark belonging to another business.
Although such applications should, in principle, be opposed during the publication phase, an opposition may not have been filed for various reasons. In such circumstances, the right holder must initiate an invalidation action (action for nullity of trademark) provided that the statutory conditions are met.
For detailed information regarding trademark invalidation actions, please refer to our related article.
Conclusion
Trademark registration provides legal protection to its proprietor. In the event of infringement, the right holder may seek injunctive relief and claim compensation for material damages arising from the violation.