HOW CAN COMPANIES PARTICIPATING IN INTERNATIONAL FAIRS PROTECT THEIR BRANDS?

Trademark registration abroad is a crucial issue that deserves careful consideration, especially for companies participating in international trade fairs. It's important to be clear that international transactions are costly and require significant effort and diligence. Therefore, caution is essential.

What are the benefits of trademark registration abroad?

In addition to the financial advantages that can be gained through available support and incentives, the "prestige" gained after registration is particularly important. Trademark registration also eliminates risks such as easy entry of products into the target market, facilitating customs clearance, preventing third-party interference with services, and the confiscation of promotional materials.

In addition to these, there are benefits such as dominating national and international markets through branding abroad, exercising legal rights, promotion in foreign markets, preventing imitation in target markets, international agreements and their associated sanctions, and using rights acquired through trademark registration.

What are the points to be taken into consideration when applying?

Generally, trademark registration is a long-term process, starting with selecting the most suitable system for trademark registration. It's crucial to manage this process effectively and minimize any risks that may arise during the review of application files by official institutions. The necessary precautions and guidance are crucial in providing representation services to trademark owners.

Before applying, the trademark owner should conduct a needs analysis regarding trademark registration abroad, determine which registration systems will be utilized, and then develop an appropriate roadmap. Other important points to consider include ensuring the trademark to be registered does not contain any phrases that could lead to a negative decision, selecting goods within the scope of the trademark's scope, adhering to national laws, not ignoring the principle of use, conducting preliminary research, and, most importantly, working with true experts in the field.

Ø How can I protect my brand abroad?

The first step to effective trademark protection is undoubtedly "trademark registration." Essentially, the answer to this question varies depending on how many countries the trademark is intended to be registered in and in which countries. Once the registration system is determined as part of the needs analysis, the necessary application process for registration should be initiated, and the application should be submitted to the relevant country or community without delay.

We can list the preferred trademark registration systems as follows:

National Trademark Registration; If the country for which registration is requested is not a member of any registration system or if it is not possible for the trademark owner to register the relevant trademark in Türkiye, national registration must be made.

Trademark Registration under WIPO (Madrid Protocol); WIPO (World Intellectual Property Organization) operates this international collective trademark registration system, allowing applications to be submitted simultaneously to 103 members from Türkiye. It's the most preferred international collective trademark registration system due to its cost and ease of processing. It's the best alternative for applications to multiple countries. Trademark applications can be filed with TURKPATENT through this system.

EUTM (European Union Trademark) Registration; The trademark registration system, run by the EUIPO (European Union Intellectual Property Office), allows registration in all 28 European Union member states. Applications can be made directly to the EUIPO, or EU registrations can be made through WIPO.

OAPI (African Union) Registration System; A collective registration system run by the OAPI (African Intellectual Property Organization) and comprised of 17 African countries. Member countries are Benin, Burkina Faso, Chad, Equatorial Guinea, Ivory Coast, Gabon, Guinea, Guinea-Bissau, Cameroon, Comoros, Republic of the Congo, Mali, Mauritania, Niger, Central African Republic, Senegal, and Togo. Applications can be made directly to OAPI or through WIPO.

ARIPO (African Regional Intellectual Property Organisation) Registration System; A system operated by ARIPO (African Regional Intellectual Property Organization) that enables mass registration in 10 African countries. Member countries are Botswana, Eswatini (formerly Swaziland), Lesotho, Liberia, Malawi, Namibia, Sao Tome & Principe, Tanzania, Uganda, and Zimbabwe.

Is registration of the trademark sufficient for protection?

Unfortunately, this is the prevailing view among many investors. However, post-registration trademark monitoring is not possible.
It's very important. Nowadays, in many countries, similarity checks are not performed on trademark applications.
In other words, while trademark applications are being reviewed by official institutions, they are not rejected due to similar, outdated trademarks. This situation highlights the importance of "trademark monitoring."

Thanks to trademark monitoring, all trademark applications filed globally that are similar to those of rights holders are identified while they are still in the bulletin publication phase. Opposition proceedings can be initiated before registration, protecting the rights holder's trademark rights. This service also allows for sector analysis, identifying the steps companies engaged in similar activities are taking regarding trademark registration, and developing new strategies accordingly.

It's also worth noting that while some countries have a pre-registration publication system (as mentioned above), others publish trademarks after registration. In these countries, trademark monitoring allows for easy identification of trademarks that have been published after registration, and legal action can be initiated against them.

Furthermore, except in a small number of countries, third parties can generally initiate "cancellation proceedings based on non-use" against trademark registrations that are not actively used within five years of their registration date. In such cases, trademark registrations without proof of active use can unfortunately be cancelled. In this context, the active use of registered trademarks in the relevant market is another important consideration.

Ø Can investors benefit from incentives?

Some public institutions and organizations, as well as private entities, offer support and incentive opportunities for our investors under various programs. The requirements for utilizing these opportunities are documented in the relevant communiqués, which clearly outline who can receive support, under what conditions, at what rates, for what expenses, and from which organizations. All that is required is to meet the required requirements, prepare the necessary documents, and apply. Following the review, incentive and support opportunities can be utilized.

IN CONCLUSION, before Turkish investors begin their efforts to register their trademarks abroad, seeking advice on which trademark registration systems are suitable for them, how to minimize risks that may prevent their trademark from being registered abroad, and brand incentives will help them save time and money and take the right steps.