Branding Irish

Marketing and Branding Strategies(Trade Marks and Designs)

Vivien IrishConsultant Patent Attorney

Vivien Irish, WIPO and TPI, Istanbul January 2005

Very early trademarks


Later trademarksEdouard Manet: Un Bar au Folies Bergere, 1882


Turkish Trade Mark Act 1995 andCommunity Trade Mark Act

A Trade Mark means any sign which can be represented graphically and which is capable of distinguishing goods or services of one undertaking from those of other undertakings


Any sign capable of distinguishingEg: Invented word Xerox for photocopiers Kodak for cameras but NOTSafemix for valves to mix hot and coldand notOrlwoola a misspelling of all wool


Any sign capable of distinguishingApple for computers

Jaguar for automotives

Eg: A word taken out of context


Any sign capable of distinguishingEg: A symbol or device"


the goods and services of one undertaking from those of other undertakings Goods are divided into 34 classes.Services are divided into 8 classes.Penguin is registered for books, class 16, paper goods.Penguin is registered for biscuits, class 30, bakery products


.can be registered as a trademarkTrademarks are registered at national Trademark Offices,or internationally via the Madrid system,or for a region, eg: European Community.

Can use a Trademark Attorney or Trademark Agent who is expert in the law of trademarks optional but advisable.


Cannot register a trade mark if:- it is devoid of distinctivenessit is identical or confusingly similar to an earlier mark for identical or confusingly similar products or servicesit is exclusively a sign used in the trade


Indicating a Trademark

Can use TM after the Mark

If registered, can use R after the Mark


Infringement of a registered trade markSame sign on the same goods or services

Same or similar sign on same goods or services or on goods or services so similar that there is a risk of confusing the public

Infringement can be civil or criminal act


Other types of Trademark ICollective Marks

A Group applies to register the Mark and sets rules for its useEg a mark used by 16 apple-growing cooperatives in Italy


Other types of Trademark IICertification Marks In Turkey Guarantee Marks

Owner controls common characteristics and methods of production

Woolmark used by manufacturers of pure new wool products in 67 countries


Other types of Trademark IIIGeographical Marks or Appellations of Origin Name of place, area or regionUsed to designate quality or character of product due to inherent natural and human factors of the placeEg labels on wine bottles


Industrial DesignsTurkish Industrial Designs Law 1995

Community Registered Designs


Registered Designs typical products


Appearance of the whole or part of a product resulting from features of, in particular, the lines, contour, shape, texture and/or materials of the product itself and/or its ornamentation

Product = industrial or handicraft item including.. packaging, get-up, graphic symbols


A design must:-

be new but 1year grace period

have an individual character


Cannot register a design

for features of appearance dictated solely by technical function

for features which allow a product to fit to another product


How to register a design I

Apply to Designs Registry

- in Turkey for a Turkish Registration

- in Alicante in Spain for a Community Registration(through the Turkish Design Registry)


How to register a design II

Provide an illustration of the product from several anglesPay a feeCan use a patent attorney


Advantages of a design registration

Can last for 5 X 5 = 25 years- if renewal fees are paidCan stop use of same design on any product including making, offering, importing, exporting, putting on the marketVisual test compare registration with the offending article


Community Unregistered Design

Lasts for 3 yearsFor tangible three-dimensional articlesMust be not commonplaceInfringed by copying


The end

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Branding Irish