In order to protect the trademark against unfair use, the registrant and the Turkish Patent Institute have duties.
The Duty of the Patent Institute:
Applications made by other persons or companies will not be accepted by the Turkish Patent Institute for the same or indistinguishable trademark that we have registered in the relevant class.
However, the fact that trademarks are indistinguishable from each other varies according to everyone. Two trademarks that may be seen as very similar by some people may not be seen as similar by others.
For this reason, the Turkish Patent Institute, after completing its own review process, publishes the trademark registration request in the Official Trademark Bulletin prepared every month and opens it to the objection of third parties.
The Duty of the Trademark Registration Owner
In order to protect the original structure of our trademark and to prevent all kinds of unfair use and confusion, we need to follow up on the official trademark bulletins published monthly as well as to prevent possible malicious applications by way of objection before the registration is finalized.
OPTIMUM PATENT Office reviews monthly releases on behalf of its customers and objects to malicious applications during the period to ensure the full and effective protection of its customers ‘ trademarks.
For more information on tracking trademarks, please click here.
Publication of Trademark Registrations:
The Turkish Patent Institute examines the applications for trademark registration and, if it sees deems appropriate according to the criteria for trademark evaluation, opens up objections in the official trademark bulletins it publishes monthly. These trademarks can be contested for three months after publication.
If no objection is made, the trademark becomes final and the applicant receives the trademark registration certificate by paying the document drafting fee.
If the institute decides to publish and then register a trademark according to its own measures when evaluating the trademark, a trademark may be similar to a registered trademark or similar to a trademark that has already been applied for registration, to the extent that it is likely to be confused with a trademark, or to the extent that it has a relationship. In this case, the former registration owner or applicant has the right to appeal.
Watching New Publications:
Among other tasks, we can’t expect registration owners to review the trademark bulletins page by page (the bulletins can be 2-3 thousand pages) and search for similar trademarks. Often she does not see the similar trademark and becomes aware of unfair registration too late.
Watching Service by the Patent Office:
Patent offices are take action at this point. By comparing the published bulletins with old registrations, they inform the former registration owners of the similar trademarks and inform those who wish to object.
This service should be provided well as it has two consequences:
1- Patent offices, which consider trademark objection as a business, can panic firms with the slightest similarity and object to some applications even though they are not required. This creates unnecessary workload at the Turkish Patent Institute, and such continuous letters or messages sent to companies create apathy over time.
2- Patent offices, that repeatedly send similar trademark notices, cease to make similar trademark notices to the unconcerned company after a while; and at this point they may miss when there is a truly malicious application.
The companies need to protect their trademarks by tracking them, but this should be within a framework of an agreement, not by random marketing messages.
We prepare monthly reports on the trademarks that we take responsibility for with an agreement. As it was a paid service, we can’t just get bored and quit doing it.