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Brand is the name, sign, shape or words that enable a business to distinguish its goods or services from other businesses.

Although the registration of trademarks is not mandatory, registration is the most important tool that proves the rights on the trademark and prevents trademark infringement. As it provides broader protection to the owner of the registered trademark, the trademark registration is highly recommended in all countries where the commercial activities are carried out. Registration of a trademark provides stronger protection, especially in the event of a dispute with an identical or a very similar trademark.

Design is the appearance caused by the features such as line, shape, shape, color, material or surface texture on all or a part of the product or the ornament on it.

In the free competition market, for companies operating in the same sector, design is one of the most important factors that enable customer preferences to be concentrated on their own products. Especially in products that provide the same benefit to customers in terms of quality and technique, design is often the most determining factor. Small and medium-scale industrialists in particular aim to stand out by differentiating their product ranges through design. However, these designs, which are the product of ideas, must be protected on a legal basis in order to achieve this goal and to make the earnings sustainable. Since the design right obtained by protection gives the owner the authority to prevent the commercial use of the design by other persons without his permission, it is very important in terms of the economic and social recycling of the investments. Otherwise, original and new designs will encounter threats such as theft of ideas, copying and imitation, and for this reason, design owners will suffer huge commercial losses.

These are the monopoly rights granted to the patent/utility model holders for a limited time and place in order to prevent the unauthorized production, sale, use or import of the invention by third parties. A new product that brings a technical solution to a technical problem, a new method or a process to be done with a new method is within the scope of patent.    

The product or method subject to the patent must meet the criteria of innovation, applicability to industry and exceeding the known state of the art (invention step), which are the criteria for patentability.

Utility Models are accepted as a document given to protect "small inventions developed" by small and medium-scale industrialists in certain technical fields. The most important factor that distinguishes the Utility Model from the patent registration method is that it does not contain an Invention step.

Invention Step is the elements that cannot be clearly inferred from the prior art of the invention by a technical expert in the relevant technical field of the invention. Before making an application, it is recommended to make a preliminary research on the technical field of the invention. Because many applications cannot obtain a certificate during the patent process or become the subject of litigation in courts as they are not “new”. Considering the cost of resources such as R&D expenses incurred prior to the application, costs in the patent process and loss of time, the importance of having a general idea about whether your invention is new will be understood better by doing a preliminary research.

Intellectual Property Rights (Trademark, industrial design, patent and utility model documents) are among the most important intangible assets of companies. Intellectual property right allocation starts with registration. Registration documents are both an offensive weapon and a defense shield in the fight against imitation and against unfair competition. Protecting Intellectual Rights and carrying them into the future requires legal struggle.

We are able to effectively respond to the legal needs of our valued clients, with patent and trademark attorneyship specialized in Intellectual Property Law.

You protected your brands, which are the basic value of your business and products, with registration. So, in the next period, what kind of a path will you follow for imitated or similar brand applications?

MARKASKO, a privileged service of Nobel Patent, scans your trademarks whose registration process has been completed, phonetically and in writing among the new brands that have been announced in the database of the Turkish Patent and Trademark Office. It sends a report to you on monthly basis about similar or counterfeit brands. This service follows up your brand for you. The cancellation of the brands that are not objected during the announcement process can only be made through a lawsuit. MARKASKO service allows you to avoid the litigation process and additional costs.