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Well – Known Trademark

July 2014 - Intellectual Property. Legal Developments by Baspinar & Partners Law Firm.

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In the world where the importance of corporate image increases, nonmaterial assets, become more of a nonfigurative issue, day by day. Trademarks, patents - utility models, industrial designs, copyrights and unfair competition are the main subjects of Intellectual Property. We will touch on Well - Known Trademark below.


i. Which Trademarks Are Well - Known ?


It is possible to define Well - Known Trademark in various manners; but generally we may tell the Well - Known Trademark is a brand which has quality, loyalty, strong advertising, assurance in the eyes of the same community without any differences of geographical region, race, age, culture. In Turkey Well - Known Trademarks can be registered by Turkish Patent Institute ("TPI").


ii. How to Register ?


TPI consider the degree of famousness of the trademarks according a set of measures. This measures contains (i.) the information about registration and utilization period, (ii.) region, (iii.) advertising and promotion practices, (vi.) individuality, (v.) structure of corporation, (vi.) awards deserved, (vii.) nominal value of the brand, (viii.) distribution channel of the products branded and other similar measures about the brand, product and corporation. Substitutive documents also must be submitted to TPI to have the registration of the Well - Known Trademark.


iii. The Advantages


Registration brings with it many advantages. Marketing efficacy and commercial reputation are the main profits of the registration. For instance, an ordinary brand mark can be registered by different applicants, at different categories of product and service at the same time. However when a brand is registered as a Well - Known Trademark, any other applicants' registration request will be rejected for all categories of product and service although the Well - Known Trademark does not in use at that categories.


Documents needed for the registration are mentioned above. As understood by the types of these documents, it is clearly possible to reach a conclusion that the Well - Known Trademark registration approve also the corporation and guarantee, beyond the brand. Therefore Well - Known Trademark possesses a very positive reputation in the eyes of consumers.


The owner of a registered Well - Known Trademark can benefit from unfair competition provisions. In any case of jurisdiction, the judge will exercise the discretion, in favor of the Well - Known Trademark. Beyond dispute the nominal value of the Well - Known Trademark is high beside an ordinary brand; this is an obvious advantage while the judging processes of claim compensation cases arising from unfair competition.