ASK OUR EXPERT

Our IP proffessional are always at your entire disposal for your inquiries on intellectual property rights.
   
 
 
Captcha

Well-Known Mark

Trademark owners generally agree that trademarks should have strong protection and that well-known marks deserve more. Likewise, specific protection is provided for well-known marks against use by others of similar marks even for dissimilar or non-competing goods and services regardless of whether or not they are registered, as officially recognized in international agreements, i.e. Art.6bis of Paris Convention, and Art.16.2/3 of TRIPs Agreement.

In Turkey, there are two ways that a trademark can be officially granted well-known status: (1) by a court decision or (2) by the Turkish Patent Institute (TPI) via a successful application. However, protection for dissimilar goods and services has been under discussion for well-known mark applications because the TPI had granted such applications under two categories: (1) well-known marks, widely recognized by everyone, and (2) sectoral/partial well-known marks, recognized only in related commercial sectors. The first allows exclusive protection in all trademark classes whereas the latter is restricted to related classes only.

The well-known categorization depends on the degree of establishment based on 17 facts declared by the TPI, such as: local or worldwide trademark history, duration of use, recognition and advertising of the mark, commercial value attributed to the mark and the quality image that the mark has acquired, related questionnaires and court decisions, if any. Depending on the well-known facts, the TPI may grant a trademark application for protection either in all classes or only in particular related classes.

An advantage of this is that it is unlikely that a trademark will be registered under the same or different classifications, which are the same as, or are confusingly similar to, the name of a well-known trademark. These kinds of attempts will be automatically rejected by the TPI, even if no objection has been put forward by the owner of the well-known mark. The owners of well-known marks might be able to prove infringement and bad faith by people who have attempted to counterfeit their marks, and the gravity of their loss, much more easily before a court of law.

If you require our professional service and extensive expertise to file and register your trademark as a well-known mark, please just contact us through global@destekpatent.com.tr.

Size Nasıl Yardımcı Olabiliriz?

SERVICES

Marka, Patent ve teknolojik gelişmeler hakkında güncel haberleri takip edin...

IP Enforcement

Professional and strategic counselling for protecting and enforcing your IPRs…
More

Exclusive Brand Naming Service

If you look for a new,
memorable and “catchy”
brand, eligible for
trademark registration …
More

Well-Known
Mark

Secure your brand’s
well-known status with registration in Turkey…
More

European Patent Validations

Take advantage of our expertise
to validate your EPs “safely”
and professionally…
More

Plant Breeders’ Rights

Register to have exclusive control over the new variety of a plant in Turkey…
More

Customs Registrations

Register to detain at will any suspected infringing consignment
of goods …
More

Exclusive Brand Naming
Service

If you look for a new memorable and
“catchy” brand,eligible for
trademark registration …
Details

Well-Known
Mark

Secure your brand’s well-known
status with registration in Turkey…
Details

European Patent
Validations

Take advantage of our expertise to
validate your EPs “safely” and
professionally…
Details

Plant Breeders’ Rights

Registere to have exclusive control over
the new variety of a plant in Turkey…
Bilgi Al

Custom Registrations

Register to detain at will any suspected
infringing consignment of goods…
Details

IP Enforcement

Professional and strategic counselling for protecting and enforcing your IPRs…
Details