In 556 Decree Law on the Protection of Trademarks, the definition of “trademark” is explained as “Provided that it is capable of distinguishing the goods and services of one undertaking from the goods and services of other undertakings, a trademark may consist of any kind of sign capable of being represented graphically, such as words, including personal names, letters and numerals, the shape of the goods of their packaging and similarly descriptive elements capable of being published and being reproduced by printing.”
The most important criterion in identifying a brand is to have a distinguishing detail which makes it different from other similar goods and services.
With the globalization of technology, knowledge, and capitals, the barriers are mostly eliminated for producing and consuming a good or a service anywhere in the world. Today, it is considered perfectly normal for an industry to emerge in any country of the world. The possibility of producing goods and services are no longer monopolies of some economies.
The new competition field of the new economic order is not the production ability but branding. Branding is one of the essential indicators of competitive capacity in the new economic order. When we think about the global economic circumstances of our day, the most important factor for the manufacturers to present themselves, to be able to compete well, and gain trust is to make necessary branding investments. For our manufacturers and businessmen, branding can be thought of as a way of marketing quality and trust. In this sense, trademark registration helps the brand gain an advantage against its components in terms of exercising its rights against counterfeit products and contract manufacturing.
In recent years, trademark awareness has redoubled in Turkey. It is important for our manufacturers to make sure that the production of their goods is monopolized in other countries as well. Another important point is to register their brands that are already registered here in other countries they export goods to, in order to protect their brands abroad before launching it to the market.
And our manufacturers should be aware that a brand that has been registered in a country is protected only within the borders of that country. The brand protection being within the borders has begun to be insufficient in the market order that crosses the borders. It is utterly important for manufacturers to register their brands in the countries they import goods to. Registration of brands abroad is the way to the reputable branding of Turkish goods abroad.
The most important regulation regarding the international registration of trademarks is the Madrid Protocol.
According to the Madrid Protocol which Turkey promulgated on 1 January 1999 after being a party, it became possible to apply to all member states at one through a single-language application submitted to WIPO (World Intellectual Property Organization).
The prerequisite to apply pursuant to the Madrid Protocol is to have an already registered (or applied to register) trademark in the country of origin.
Brand or persons who do are not registered in Turkey can apply directly to whichever country they wish or the CTM which is recognized in the entire European Union. In this case, applicants are required to be working with a Brand Representative abroad.
Eventually, regardless of the method, but the internationalization of a Turkish brand is merely possible with the help of foreign protections.
Trademark registration applications in Turkey are made directly or via Brand Representatives to the Turkish Patent Institute. While hiring a representative is not officially needed to submit an application, it is recommended during the legal process that comes with the application since the procedure should be supervised properly not to face a loss of right.