Hello! Today, while enjoying a cup of coffee with you, we’re going to chat about a topic you might not have thought much about: name rights. Yes, exactly that. Maybe you’re thinking of creating a brand or you have an idea and want to protect its name. That’s where name rights come into play. So, what exactly are name rights? How do you obtain them? What’s the legal aspect? Let’s explore these questions together.
Name rights are a legal concept that ensures the protection of a brand, product, or service name. In other words, you’ve come up with a name and want to create a brand using it. However, to prevent others from using this name, you need to officially protect it. This protection is achieved through name rights.
As TÜRKPATENT states, name rights are obtained through trademark registration. Trademark registration is a process that legally protects a name or logo. This process prevents others from using your brand and safeguards your rights.
A name rights agreement is a contract that defines the usage rights of a brand. For example, if you want to license a brand to another company or transfer its usage rights, a name rights agreement comes into play.
This agreement outlines how the brand will be used, the duration of use, and details regarding the transfer of rights. Especially in brand licensing processes, this agreement serves as a guarantee protecting the rights of all parties involved.
Obtaining name rights begins with the trademark registration process, which is carried out by TÜRKPATENT. Here’s the step-by-step process for obtaining name rights:
Conduct a Trademark Search: First, you need to check whether the name you want to use has already been registered. You can use TÜRKPATENT’s database for this. You might want to read our comprehensive guide on this topic: Trademark Search Guide.
Application Process: Once the trademark search is complete, you need to apply to TÜRKPATENT. During the application, you must determine the classes under which your trademark will be protected. For example, if you’re opening a café, Class 43 (food and beverage services) might be suitable for you.
Examination and Publication: Your application is reviewed by TÜRKPATENT and published in the Official Trademark Bulletin. During this publication period, any objections to your application are checked.
Registration: If there are no objections, your trademark is registered, and you officially obtain name rights.
Name rights law covers the legal regulations related to brand protection. For example, if someone uses your brand without permission, you can take legal action. TÜRKPATENT provides protection against trademark infringements and mediates in such cases.
Additionally, you can benefit from international agreements like the Madrid Protocol to ensure international protection for your brand. This way, you can protect your brand abroad as well.
During the trademark registration process, you need to determine the classes under which your brand will be protected. There are a total of 45 trademark classes, each covering a different sector. For example:
Determining the right class for your brand is crucial for its protection.
Name rights are one of the most effective ways to protect the value of your brand. If you don’t register your trademark, you can’t prevent others from using the same name. This could lead to a loss of value for your brand and even damage its reputation.
TÜRKPATENT’s vision aligns perfectly with this: to protect Turkey’s intellectual property portfolio and support the innovation ecosystem.
Name rights, trademark registration, and legal processes might sound complicated. However, with the right guidance, you can easily manage these processes. If you have any questions, we’re ready to listen over a cup of coffee. For more detailed information, you can reach us at +902129175946.
Remember, creating a brand isn’t just about coming up with a name. Protecting that name and increasing its value is just as important.
See you soon! ☕