WHY SHOULD WE KEEP BENEFICIARY INFORMATION UP TO DATE?

As you know, trademark applications are filed and registered with rights holder information such as title and address. Subsequently, based on the relevant trademarks, international trademark applications can be filed under the Madrid Protocol (WIPO) or in some countries (requiring a copy of the domestic registration certificate or a certificate of origin). These applications are based on the domestic trademark rights holder information, and the application is submitted based on the title and address information provided.

We may encounter situations where trademark owners change their names and addresses after application and registration, or sometimes minor adjustments are made to company addresses by the municipality where the company is headquartered or other official authorities. At this point, it is crucial that such changes, which may occur domestically, are reflected in the records of both TURKPATENT and international trademark offices, and that rights holder information is updated according to current information.

We can better understand how much attention should be paid to these updates, especially in the event of any legal dispute, when responding to rejection/objection decisions that may arise for international trademark applications based on domestic trademarks, when objecting to similar trademarks identified in the bulletin, etc.

For example, during a trademark application abroad, you might encounter an old trademark that you own, leading to the rejection of your new application. This is because the rights holder information for the old trademark and the new application differ, and authorities interpret this as "separate rights holders." This necessitates both updating the old trademark information and responding to the existing negative decision, which can lead to high additional costs and sometimes high approval fees, varying by country.

Similarly, in potential international opposition proceedings, you may encounter files where you struggle to establish a connection between your trademarks and the information of different rights holders. In some countries, this connection can be established through documents such as the trade registry gazette, company incorporation gazette, or certificate of activity, but others do not allow this, and you may be unable to support your trademark with a different right holder in your potential opposition files, potentially preventing you from exercising a right that is essentially yours.

As a result, we must always keep in mind the negative consequences that minor changes in title or address may have and take care to ensure that the rights holder information is the same and up-to-date both at home and abroad.

I wish you trouble-free days with your brand files…