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What happens if I use a trademark without registering it?

Unregistered trademarks lack legal protection. If someone else registers the same or a similar name before you, they obtain exclusive rights to it. This may result in product seizures, online store closures, or lawsuits.

What is the ideal time to file a trademark application?

The best time is before you start using your brand publicly. This reduces the risk of conflicts, prevents others from registering your name, and ensures you have legal ownership from the start.

How do I know if my trademark is available?

MarcaBien offers a free preliminary trademark search. Our experts check national and international trademark databases to determine the availability of your proposed mark and reduce the risk of refusal.

Does a trademark registered in one country apply globally?

No. Trademark rights are territorial. A registration in Turkey, for example, only provides protection within Turkey. To obtain protection abroad, you must apply separately for each country or use international systems like the Madrid Protocol or EUIPO.

What is the Madrid Protocol and how does it work?

The Madrid Protocol is an international treaty that allows trademark owners to seek protection in multiple countries through a single application filed via WIPO. MarcaBien can guide you through Madrid applications efficiently.

What are my options for international trademark protection?

There are three main options:

• Madrid Protocol application via WIPO

• European Union Trademark (EUTM) via EUIPO

• Direct national filing in specific countries like the USA, UK, or UAE

MarcaBien provides full support for all options.

What if a similar trademark already exists?

If there is a similar registered mark in the same class, your application may be rejected. A detailed search and expert advice help avoid this. If needed, we suggest modifications or rebranding.

What does “trademark publication” mean?

If your application is approved, it enters the Official Gazette for a 2-month opposition period. During this time, third parties can oppose the registration. If no opposition is filed, the trademark proceeds to registration.

Can I oppose someone else's trademark application?

Yes. If you believe an application conflicts with your existing rights, you can file a formal opposition during the publication period. MarcaBien offers legal support for preparing and submitting oppositions.

What is the duration of trademark protection?

A registered trademark is valid for 10 years from the date of registration and can be renewed indefinitely every 10 years.

Can I assign or license my trademark to another party?

Yes. Trademarks are intellectual property assets and can be transferred or licensed through an assignment or license agreement. The transaction must be recorded at the relevant trademark office.

Can I get a refund if my trademark application is refused?

No. Application fees cover the examination process and are non-refundable, even if the application is refused. MarcaBien supports you in reviewing your strategy for a second application or appeal.

What can I do if someone infringes on my registered trademark?

Trademark infringement is a serious violation. You can take legal action including cease and desist letters, takedown requests on e-commerce platforms, and filing civil or criminal lawsuits. MarcaBien offers legal support for enforcement.

What mistakes should I avoid when applying for a trademark?

• Not performing a trademark clearance search

• Choosing the wrong class or insufficient number of classes

• Filing for a generic or descriptive name

• Missing deadlines during the process

• Filing without professional help

With MarcaBien, you avoid these issues thanks to our expert team.

Will my logo be protected under trademark registration?

Yes, if you apply with a figurative or combined mark, your logo is protected. However, if you file for a word mark only, the visual design (logo) is not automatically protected.

Does trademark registration give me rights over social media handles and domain names?

Not directly, but having a registered trademark allows you to claim unauthorized uses of your brand name on platforms like Instagram, Facebook, and domain registrars.

Can I sell online or in stores without registering a trademark?

Yes, but it’s highly risky. If someone registers your brand name, they can legally demand takedown of your listings or even sue for infringement. Protecting your brand should be a priority before launching publicly.