In most of the intellectual property rights, the principle of locality exists. This means that the right is protected in which country it is registered. This also applies to trademarks and a single application cannot provide protection all over the world. Today international trade is increasing, and if a trademark will be used abroad, there should also be registered. For a rights-holder who wants to protect his/her brand internationally, three ways are available;
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Such an application is always valid. If the trademark is normally registered under the laws of the related country, in this case, the application is made by the trademark attorney of the related country. This is generally a long and expensive way. However, if there is a low probability of success in territorial or collective application systems, or the related country is not included in these agreements, it can be used.
- According to the Madrid Protocol in which Turkey is also included, if the trademark is registered in Turkey, a single application using a single language can be applied in countries which are parties to the Madrid Protocol. The number of countries that are a party to the Madrid Protocol has exceeded 100 members and is increasing day by day. According to Madrid Protocol, international trademark application is the most used method. The most important advantages of this method are;
- Protection in many countries with a single application
- Using a single language
- Fees are very cheap compared to the territorial application.
- In case of refusal in one country, it does not affect the other country.
Trademark protection can be provided to countries that are in a region such as European Union countries and some African countries with a single trademark application. The main advantage of this system is to obtain a common protection of countries included in the region. The disadvantage is that the refusal of the application in one country affects the whole application. This method can be applied in case that the brand is applied in countries concerned with good international preliminary research and in cases in which the probability of rejection is low. The regional trademark application system mostly used in Turkey is a system called European Community Trademark (CTM).
The most important thing for international trademark applications is well-known practices of related country and international practices. In accordance with the international agreements, an attorney of a country cannot make transactions in another country. But if you want to transact in another country, it is necessary to make the transaction by contacting the attorney of that country. In this case, the second important subject is to know the attorney of the relevant country. Normally an attorney can be found online, and transactions can be delivered to him. But on an important issue like trademark, delivering the job can sometimes cause irreparable loss of rights by relying solely on information on websites.
KORDINAT conducts international trademark protections with well-informed and experienced trademark attorneys. The attorneys abroad with whom it cooperate are attorneys who work with reliable and optimum costs owing to many years of cooperation.
OUR TRADEMARK SERVICES
A trademark can usually be chosen with the amateur spirit with such expressions as a combination of a surname, a local name, and some words. Alternatively, it may be created in consultation with a marketing or advertising agency, or similar to some registered trademark found attractive.
For official protection of a trademark, trademark is required to be registered. Trademark registration officially begins with trademark application. To register a trademark under normal conditions, the trademark owner or the authorized trademark attorney of the trademark owner is required
Both the rejection decisions and appeals made during the trademark application process and the appeals made to other applications are important parts of intellectual property practices. Since on the Trademark provisions of Industrial Property Law No. 6769 in Turkey, appeal system is available.
In most of the intellectual property rights, the principle of locality exists. This means that the right is protected in which country it is registered. This also applies to trademarks and a single application cannot provide protection all over the world.
Trademarks may be subject to transactions such as sales, leasing, inheritance, etc. as all properties are. The most used transactions in the market are license (lease) and transfer transactions. Both trademark applications and registered trademarks shall be subject to
TRADEMARK INFRINGEMENT ANALYSIS
Examining whether a trademark (or mark) used in a product or service violates a registered trademark is something that requires expertise. As a result of a good trademark infringement analysis, while a company can handle an important issue of harmlessly escaping vitally important