What is Trademark Registration? Why It is Important For E-Commerce Sites?

Brand identity is one of the most popular concepts in trade in the last period. This concept consists of elements such as logo, slogan, forms of communication, and visual language. It draws attention as one of the most functional ways to make a difference, especially in the field of e-commerce, which is the scene of more intense competition with each passing day. However, branding and brand identity creation efforts must also be based on a legal basis. The way to do this is primarily through trademark registration. So what is trademark registration? Why is trademark registration important? We will look for answers to many questions on the subject in this article.

What is Trademark Registration?

Trademark registration is the process of transferring all elements of a brand to a person or business in general terms. After this process, the usage rights of the said elements legally belong to that person or company. Other persons or institutions may not use or imitate the elements of that brand in any way. Therefore, every startup that wants to create its own unique brand identity should register a trademark at the initial stage.

This registration process; can be realized to cover many different details such as logo, sign, symbol, color use, or design. What is decisive here is the distinctive feature of the mark to be registered.is the transport. All signs that are clearly different from previously registered products, services, or other elements can be registered. In this way, third parties are prevented from gaining an unfair advantage by using the brand you created and the elements connected to it. Let’s try to explain with a simple example: Let’s say you sell very unique pet shop products that are not yet available in Turkey on a website you open. The products you offer started to attract the attention of animal lovers after a while, and your brand’s name became known in this community. If the brand you created to sell the products is not registered with your company, malicious people can also use the same name. It can start to get a share of the sales figures you have reached with intense effort and cost.

Where and How is Trademark Registration Made?

The importance of the subject “How to register a trademark?” or “How to get a trademark registration?” It also raises questions such as The authority to register a trademark in the Turkish Patent Institute. Individuals or businesses that want to register a trademark can apply directly to this institution by collecting the necessary documents. In other words, a person who asks “Where to apply for trademark registration” should be given the name of the Turkish Patent Institute.

While the application for trademark registration can be made by individuals, this process can also be transferred to intermediary institutions. Brand registration companies, which we can say are experts in this field, manage the whole process on your behalf in accordance with the power of attorney you give. If you do not have enough experience or knowledge about the registration process, you can choose this way for the process to work in the most healthy way.

“Is the company required for trademark registration?” This is one of the most frequently asked questions on this subject. There is no obligation to be a commercial company for this transaction. Real persons can also apply for the said transaction. In addition, a separate application must be made for each trademark to be registered. In other words, it is not possible to register more than one trademark within the scope of a single application.

Why is Brand Registration Important for E-commerce Sites?

Your decision to engage in e-commerce means that you will conduct your business online. As you know, it is extremely simple to copy any text, image, or sign that will represent your brand in digital media. The values ​​of your brand, which you have created by thinking for hours and allocated a serious budget, can be passed on to others in just a few seconds. Therefore, trademark registration, which is important for all kinds of commercial institutions, is an issue that e-commerce sites should pay extra attention to. From this point of view, it can be said that; Starting a business for the purpose of selling on the Internet also makes it a necessity to register your brand. Other factors that make trademark registration important for those engaged in e-commerce can be listed as follows:

  • Increasing brand value
  • Trust in customers
  • Protection of the products as well as the brand
  • Making a difference against competitors

How to Apply for Trademark Registration?

The trademark registration application can be made to the Turkish Patent Institute in a physical environment with the necessary documents, by making an appointment with the institution. It is also possible to apply for trademark registration online. The application process can be made on the website of TPI. For this, you can log in to the system with your e-Government password. As we mentioned above, if you do not want to manage this process yourself, you can register your brand by authorizing an intermediary firm. If your application is rejected, intermediary institutions can also appeal the decision by making the necessary defense preparations. After the completion of the procedures, it delivers your trademark registration document to you.

What are the Information and Documents Requested During the Trademark Registration Application?

For this process, TPI requests some documents from you. The documents required for trademark registration differ according to the applications for individuals (natural persons) or companies (legal persons). It is important that these documents are submitted to the institution completely during the application. Otherwise, TPI separately requests the missing documents from you; Which naturally delays the completion of the process.

The documents required for trademark registration according to different application types are as follows:

For personal applications:

  • Photocopy of identify card
  • Personal contact information such as address and phone
  • If any, logo, sign, etc. representing the person. elements
  • Power of Attorney (Notarized not required)
  • Bank receipt showing that the application fee has been paid

For company applications:

  • Copy of tax plate
  • Photocopy of the company’s signature circular
  • Operating certificate
  • Logo, sign, etc. representing the company, if any. elements
  • Power of Attorney (Notarized not required)
  • Bank receipt showing that the application fee has been paid

How Do Trademark Registration Processes Work?

Trademark registration is a process that takes place in many different stages. We can list the steps followed from the emergence of this need to the receipt of the registration certificate as follows:

  • The emergence of the need for trademark registration and getting consultancy on this issue
  • Making inquiries about the trademark that wants to be registered
  • Collection of documents requested for application
  • Making the application online or physically
  • Publication of the application
  • Formal and legal examination of the application made by the Turkish Patent Institute and Trademark Office
  • If the application is rejected, the objection to this decision and the examination of the objection
  • If the application is accepted, the decision is announced in the Official Trademark Bulletin.
  • Protecting the trademark and the related elements of the trademark with the registration certificate
  • Giving the document to the relevant person or institution

The trademark registration fee is one of the most curious issues regarding this process. According to the 2021 tariff announced by the Turkish Patent Institute, the single-class trademark application fee has been determined as 280 TL. The Trademark registration fee is 750 TL. In other words, you need to pay at least 1030 TL for single-class trademark registration. You can find the relevant schedule here.

So, what is the trademark registration certificate given to you after the successful completion of the application? This document can be compared to a deed. It legally records that the trademark rights that are the subject of the application belong to the person or institutions requesting registration. After the issuance of this document, the relevant registration can also be seen in the results of the trademark registration inquiry that can be made on the TPI’s website. You can also easily use this inquiry screen to check whether the names you are considering are registered while deciding on your brand name.

What is Trademark Registration

How Long Does a Trademark Registration Application Take?

The Trademark registration period varies depending on the intensity during the application period of the Turkish Patent Institute. It can take between 7 and 11 months on average for the application to be finalized. In cases of the objection, this period may be extended even further. If the Turkish Patent Institute determines that there is a deficiency in the information and documents submitted during the application, an additional period of 2 months may be granted to correct the said deficiency. Failure to rectify the deficiency within the 2-month period will result in the application being canceled. This means that the application fee you paid in the first place is wasted.

How Long Is the Trademark Protection Period Gained With Trademark Registration?

Your brand has been registered as a result of the examinations that you have collected and submitted to the institution in full. How many years is this trademark registration valid? A standard trademark registration remains valid for 10 years. It is also possible to extend this period by paying an additional fee.

There is one more detail that needs to be mentioned about the trademark protection process. We can explain this as the temporary protection of the trademark you apply for. The application becomes official with the delivery of the requested documents and the payment of the fee. From this moment on, the trademark name for which an application has been made is reserved. Until the said application is concluded, that brand name cannot be registered for any other person or institution.

Is Trademark Registration Renewed?

Trademark registrations that are expired for 10 years can be easily renewed by making an application in this regard. Renewals must be initiated 6 before the registration period expires. The trademark registration renewal fee has been determined as $60 USD with the 2022 tariff.

Is it notified before the Trademark Registration Period expires?

In the hustle and bustle of business life, you may not be able to track when the registration period of your trademark will expire, or you may be completely confused about this. You don’t need to worry about this. Because the Turkish Patent Institute informs the owner of the trademark registration on this matter. Although this information is not among the official responsibilities of the institution, it is a practical process. Whether the trademark registration period has expired is usually followed by the authorized intermediary institution or persons.

Missing the renewal period of the trademark registration may cause serious material damages. Therefore, this issue should be taken seriously. If you miss this date, you can re-register your trademark by paying an additional fee. Your right to apply for renewal continues within 6 months from the last day of the month in which the protection period expires. However, with the expiration of this period, you will lose your official rights to the trademark.

What are the Brand Registration Categories?

Trademark registration classes or categories are groups that have been separated so that registration processes can progress more easily. These classes are divided into two main groups, primarily products, and services. There are 45 trademark registration classes, 34 of which are products and 11 are services. Before the application, the class of the trademark to be registered must be accurately determined. It is not allowed to make corrections in this regard during the application. In addition, incorrect registration class preferences cannot protect the rights of the trademark and cannot prevent violations of rights. Therefore, it is necessary to choose the right registration class in order to avoid time and financial losses.

Is it possible to apply again if the Trademark Registration Application is Rejected?

Trademark applications may be partially or completely rejected. In case of partial rejection, another application can be made with a new logo and words by rearranging the factors that caused this decision. The same is true for total rejection decisions. But this time only a completely new trademark application has to be filed. In this case, the logo and words must be renewed.

What is Industrial Trademark Registration?

Industrial design products are registered differently from standard products. Any design generally includes elements such as color, shape, and various ornaments, and the products are distinguished from each other by these design features. However, the scope of industrial design also includes issues such as functionality and optimum benefit at low cost. Therefore, industrial trademark registration is regulated by including such details. This registration, which covers different industrial fields from automotive to textile, is also given by the Turkish Patent Institute.

What is Brand? How is Brand Class Determined?

A brand is essentially an abstract concept. It can be defined as the whole of the data that a business or individual provides to its customers about its products or services. These data are all the elements that make that business special and different. Therefore, it must be protected. This is the primary reason why trademark registration is such an important concept. The class of a brand is determined by the content and features of the product or service offered. Classifying the brands under the same headings in this direction makes the registration process much easier and more practical.

In Which Classes Can I Register My Trademark?

We mentioned above that there are 45 brand classes in total. Your brand must be registered in the classes that include the product and service you offer. Trademark registration fees may differ according to classes. The classes in which you can register your trademark are:

01 – Chemicals

02 – Paints

03 – Perfumery, Cosmetics

04 – Oils for Industrial Purposes

05 – Medicines

06 – Base Metals

07 – Engines and Machines

08 – Fork, Knife, Spoon

09 – Magnetic, Optical Record Carriers

10 – Surgery, Medical Devices

11 – Lighting Devices

12 – Vehicles

13 – Firearms

14 – Jewelry Items

15 – Musical Instruments

16 – Printed Publications

17 – Insulation, Filling Materials

18 – Treated, Unprocessed Leathers

19 – Construction Materials

20 – Furniture

21 – Non-Electric Kitchen Appliances

22 – Synthetic Fibers, Wool

23 – Threads

24 – Home Textile Products

25 – Underwear and Outerwear

26 – Laces and Embroidery

27 – Carpets, Rugs, Runners

28 – Games and Toys

29 – Processed Meat Products

30 – Pastry and Bakery Products

31 – Agricultural and Horticultural Products

32 – Drinks

33 – Alcoholic Beverages

34 – Tobacco, Chewing Tobacco, Cigarettes

35 – Advertising, Marketing, and Sales

36 – Financial and Monetary Services

37 – Construction Services

38 – Telecommunication Services

39 – Transportation Services

40 – Materials Processing Services

41 – Education and Training Services

42 – Engineering, Architecture, Computer

43 – Food, Beverage, Accommodation

44 – Medical Services

45 – Legal Services

What is TM What is SM? What are the Differences Between TM, SM, and ® Marks?

TM and SM are symbols used to express the registration status of trademarks. TM stands for “Trade Mark” in English; It is referred to as “Trade Mark” in Turkish. SM is the equivalent of this concept in the service sector. Abbreviation of “Service Mark”; It can be translated as “Service Mark”. Both of these signs are used by trademarks that have been applied for but have not yet been officially registered. ® is “registered” comes from the first letter of the word. Indicates that the trademark has been registered. However, it is not compulsory for every registered trademark to use this symbol; left to the discretion of the enterprises. These marks are used legally in the United States. Covers filings with the United States Trademark Office, or USPTO for short. In other countries, the use of these signs has a more symbolic meaning.

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