Learn the differences between a trademark and a registered trademark. Discover everything you need to know about the registration process — the most effective way to protect your brand rights.
A brand is a collection of signs that distinguish a business's products or services from others. Elements such as name, logo, color, and slogan form brand identity. However, the mere use of a brand does not mean it is legally protected. This is where the distinction between a "trademark" and a "registered trademark" becomes important.
A trademark refers to a mark used by an individual or organization that has gained recognition in the market but has not been officially registered. Typically, long-standing and well-known brands fall into this category. A trademark:
Is created through use.
Has limited legal protection.
Can be registered by someone else.
These types of marks may obtain limited protection through actual use, but this protection is considerably weaker than the legal security provided by a registered trademark.
A registered trademark is a mark that has been registered with the relevant authority (in Turkey, the Turkish Patent and Trademark Office), meaning it is legally recognized. A registered trademark:
Is protected through an official application.
Grants exclusive rights to the owner.
Provides the right to take legal action and prevent others from using the mark.
Is valid for a specified period (typically 10 years) and can be renewed.
Registering a trademark means legally owning it. This allows the owner to have full authority over the brand and gain a strong legal defense mechanism in case of potential violations.
A registered trademark is a right protected by law. This protection gives the owner exclusive rights. Trademarks, however, only offer partial protection based on usage and recognition. While the owner of a registered trademark can take legal action against others using their mark, the rights of a trademark owner are limited.
In registered trademarks, ownership is clearly defined. The information recorded in the trademark registry is official and serves as the basis in any legal claim. In contrast, ownership of a trademark is evaluated through actual use, and the burden of proof lies with the owner.
A registered trademark owner has the right to use, transfer, and license the trademark. These rights are limited for unregistered trademarks and are not recognized by official procedures.
Registered trademarks are more reliable in the eyes of investors and customers. For companies looking to build brand value, registration is a sign of prestige and professionalism. Trademarks carry the risk of being registered by others at any time.
If a trademark is not registered, the following risks may arise:
Another individual or entity may register the same brand, preventing the original user from continuing to use it.
Legal claims become more difficult.
There may be legal penalties for brand infringement.
Trust may be lost among investors and business partners.
Conducting a trademark search and registering the mark before starting a business is a crucial step for long-term success. With a registered trademark:
The rights to the brand belong to you.
You can take legal action in case of infringement.
You can build and protect brand value.
You can generate additional income through licensing or transfer.
The trademark registration process is complex and requires careful attention. Working with an experienced consulting firm offers a significant advantage. Marcabien is a trusted institution that stands out with its expert team and high customer satisfaction in the field of trademark registration.
Marcabien's services include:
Trademark search
Registration application management
Objection process follow-up
Trademark renewal and monitoring services
If you want to register your trademark and manage the process properly, working with Marcabien can help you save time and ensure a secure process.
Preliminary Search: Check if there are similar registered trademarks.
Application: Submit the application to the Turkish Patent and Trademark Office.
Examination: Experts review the application.
Publication: If deemed appropriate, the trademark is published in the bulletin.
Objection Period: Third parties may object during this time.
Registration: If no objections arise, the trademark is registered and added to the registry.
Managing this process with an experienced firm like Marcabien ensures that all stages are handled professionally and without errors.
The mark you choose may already be registered by someone else.
Your brand must be distinctive.
Separate registration may be required for each class.
A trademark that is not used may be canceled.
Understanding the difference between a trademark and a registered trademark is critical for legally securing your brand. Simply using a mark does not confer ownership; this right must be registered. If you want to grow, protect, and add value to your brand, working with a professional trademark consulting firm like Marcabien is the smartest choice.
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