Trademark Law

What is a brand?

In its most general definition, a trademark is a sign used to distinguish the goods and services of one business from those of another. Any sign can be registered as a trademark, provided it is distinctive. Further details on this topic will be provided below.

Functions of a Brand

While the primary function of a brand appears to be sourcing, various other functions have emerged over the years due to societal and technological advancements. These functions are, in order: differentiation, advertising investment and communication, and finally, guarantee and quality.

Signs and Categories That Can Become Trademarks

In general, for a sign to obtain trademark protection, it must exist

It is necessary. The word "sign" has a broader meaning, encompassing trademarks as well. While every trademark is also a sign, not every sign is also a trademark. Because the concept of a sign is very broad, there are limitations on what is considered a sign in trademark law. For a sign to be a trademark, it must also meet the other two conditions. That is, a sign can be a trademark if it provides distinctiveness and offers the trademark owner clear and definite protection over the trademark, and this protection can be shown in the register. Trademark categories are broadly defined in trademark law. Words, sounds, and most signs perceptible by the five senses constitute trademark categories.

Right of Priority

Priority rights are regulated in Articles 12 and 13 of the Trademark Law. From a trademark law perspective, priority rights arise when a trademark application or use at an exhibition or fair in another country results in the applicant having priority, even if another person has already filed a registration application.

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