TRADEMARK WATCHING
Trademark watching service is a must for a trademark owner in Turkey. In order to protect the trademark against unfair use, the registrant and the Turkish Patent and Trademark Office(TPTO) have duties.
TPTO Trademark Examinations:
Applications made by third parties will not be accepted by the TPTO for the same or indistinguishable trademark that we have registered in the relevant class previously.
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 TPTO, 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.
After Registration:
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 TPTO 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 twice in a month. These trademarks can be opposed for two months starting from publication date.
If no objection is made, the trademark becomes final and the applicant receives the trademark registration certificate by paying the certification fee.
If the TPTO 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(Likelihood of 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 (each bulletine can be 2-3 thousand pages) and search for similar trademarks. Often trademark owner 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 or previous applications, they inform the former registration owners of the similar trademarks and inform those who wish to object.
We prepare 24 reports in a year for every official bulletine for a trademark that we take responsibility for with an agreement.