Creating a new brand is exciting. The name, the logo, even the packaging designs are ready. Perhaps you have even registered your domain name. However, there is a critical stage that many entrepreneurs skip: trademark research.
This research is not merely an administrative step; it is a strategic move that can determine the future of the business. Within the framework of Industrial Property Law No. 6769 (the "IP Law"), the first way to prevent the risks of trademark infringement and invalidity is to determine in advance whether the sign to be used is already protected.
Imagine that you launch your brand without registering it. Your customers start to take an interest, your sales increase. Then one day a cease-and-desist letter reaches you: a company that previously registered the same or a similar trademark claims that your use infringes its rights.
In this situation there are two options: entering a long and costly legal battle, or changing your brand. Both paths cause serious cost and reputational damage. Yet Article 5/1-ç of the IP Law clearly states: signs that are identical or indistinguishably similar to previously registered trademarks are rejected.
What Is Trademark Research?
Trademark research reveals whether the chosen expression or logo is legally safe in terms of use and registration.
- Registered trademarks: Checking for identical or similar signs in the register of the Turkish Patent and Trademark Office (TÜRKPATENT).
- Commercial use: Identifying signs that are unregistered but used in the market (for example, the "used trademarks" claim regulated in Article 6/3 of the IP Law).
- Domain names and the digital environment: Scanning websites and social media accounts to see whether the brand is actually in use.
The aim is not only to find exactly identical trademarks, but also to detect signs that are "similar to the point of creating confusion." Turkish judicial decisions make their assessment from the perspective of consumer perception.
The Importance of Trademark Research in Turkey
As in the United Kingdom, in Turkey TÜRKPATENT does not examine similarity to previously registered trademarks ex officio when reviewing applications. Instead, trademarks are published in the Bulletin and third parties must file an opposition within two months (Article 17 of the IP Law).
This means: you can file your application and enter the trademark register. However, if the earlier trademark owner files an opposition, your trademark application is rejected. Even if you have obtained registration, you may face an invalidity action.
The Commercial Risks of Not Conducting Research
- Rebranding costs: Packaging, catalogues, website, billboards… you may have to change them all.
- Lost customer perception: Your brand recognition is reset in an instant.
- Investor confidence: Investors will always question whether your brand is under legal protection.
- Obstruction of growth: Your expansion into new markets may be blocked by others' trademarks.
- Litigation and warning risks: Infringement lawsuits are both costly and time-consuming.
What Makes Good Research?
- Professional databases: Official sources such as TÜRKPATENT and WIPO, as well as specialised tools that use similarity algorithms.
- Expert interpretation: Not every similarity is a risk; sectoral distinctions and forms of use must be taken into account.
- Industry classes: According to the Nice Classification, the class in which the application will be filed is critically important. For example, a trademark registered in Class 25 (clothing) may not create the same degree of risk in Class 30 (food).
- Forward-looking planning: It is necessary to consider not only the present but also future product and market expansions.
Conclusion: Protecting Your Brand Starts with Research
As is clearly seen in Law No. 6769, if the trademark right belongs to someone else, your registration may be rejected or invalidated. In other words, creating a brand without conducting research is rather like driving a car with your eyes closed: you may travel for a while, but sooner or later you will hit a wall.