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Creating a brand is one of the most valuable assets for a business. But what should you do if you want to protect the name of this brand, prevent others from using it, or transfer the right to use it? This is where name right comes into play. In this article, we will explain all the details you are curious about, such as what name right is, how to obtain it, contract processes, and legal aspects, in a conversational tone as if chatting with a friend. Ready? Let's get started!
Name right refers to the right to use a brand, name, or trade title. In other words, it is the legal protection required to ensure that only you can use a brand or allow others to use it. For example, if you name a café "Coffee Delight," and you want to prevent others from using this name, you need to obtain the name right.
So, how do you obtain this right? This is where the Turkish Patent and Trademark Office (TÜRKPATENT) comes into play. TÜRKPATENT is the official institution that handles trademark registration processes and ensures the protection of name rights. The institution's vision is to develop Turkey's intellectual property portfolio and contribute to the innovation ecosystem. Its mission is to ensure the effective protection of industrial property rights.
A name right contract is the official agreement made to transfer the right to use a brand to another person or entity. This contract specifies the terms of use, duration, fee, and responsibilities of the parties involved. For example, in a franchise agreement, the main brand transfers the name right to the franchisee.
The most important point to pay attention to when making a contract is that every detail is clearly stated. Otherwise, you may face legal issues in the future. As TÜRKPATENT also points out, registering license and transfer agreements provides legal security.
The first step to obtaining name right is to register your brand. For this, you need to apply to TÜRKPATENT. During the application process, it is important to determine in which classes your brand will be protected. For example, if you run a café, class 43 (food and beverage services) would be suitable for you. However, if you also package coffee, you may need to add class 30.
During the application process, it is also crucial that your brand is distinguishable from similar ones. TÜRKPATENT checks whether there is any similarity with previously registered trademarks while reviewing your application. Therefore, conducting a preliminary search before applying can be beneficial. You may want to read our comprehensive guide on this topic: Trademark Registration Guide.
The name right fee varies depending on the value of the brand, its field of use, and the duration of the contract. For example, obtaining the name right of an international brand may require a higher fee compared to a local brand. However, instead of giving a specific figure, you can contact us for up-to-date fee information.
Name right law covers all legal processes related to the protection and use of your brand. The most common issues in this area are trademark infringements and breaches of license agreements. For example, if another business uses your brand without permission, you have the right to take legal action.
TÜRKPATENT acts as a mediator in such infringements and, if necessary, serves as an expert witness in court. Additionally, if you want your brand to be protected internationally, you can apply under the Madrid Protocol. Those who want detailed information on this topic can reach us at +902129175946.
Name right is one of the most effective ways to protect your brand. As TÜRKPATENT also emphasizes, the protection of industrial property rights is of great importance for both the future of your business and the country's economy. Therefore, do not waste any time in registering your brand and securing your name right.
If you have any questions, we are ready to listen to you over a cup of coffee. Remember, your brand is your signature; protecting it means securing your future. ```