What is the primary domestic legislation regulating trademarks in Turkey?
Turkish Industrial Property Code no. 6769 (“Turkish IP Code”) is the main legal instrument stipulating the general principles and rules concerning trademark prosecution proceedings and IP-related legal events. All IP rights are regulated in a single code.
What are the trademark-related international agreements Turkey is a signatory of?
Paris Agreement, 1883
Convention Establishing the World Intellectual Property Organization, 1967
Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, 1957
Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, 1973
Madrid Protocol, 1989
Trademark Law Treaty, 1994
Agreement Establishing the World Trade Organization, 1995
The Agreement on Trade-Related Aspects of Intellectual Property Rights, 1995
Singapore Treaty on the Law of Trademarks, 2006 (signed but has not entered into force yet)
Which institution is competent to receive trademark applications in Turkey?
Turkish Patent and Trademark Office (“TPTO”) is the competent authority to register trademarks in Turkey.
Which territories are covered by TPTO’s jurisdiction?
Only the Turkish Republic is covered by the jurisdiction of TPTO. TPTO does not have authorization for the trademark prosecution proceedings in Northern Cyprus.
Who can enjoy trademark protection provided with the Turkish IP Code in Turkey?
Turkish citizens, real or legal persons residing or engaged in commercial or industrial activities within Turkish national borders, persons entitled to apply under the Paris Convention and the Agreement Establishing the World Trade Organization, and nationals of states that provide protection for industrial property rights to Turkish nationals in compliance with the reciprocity principle are entitled to enjoy the protection provided with the Turkish IP Code.
What can be registered as a trademark in Turkey?
Pursuant to Article 4 of Turkish IP Code “Trademarks may consist of any signs like words, including personal names, figures, colors, letters, numbers, sounds and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner to determine the clear and precise subject matter of the protection afforded to its proprietor.”
Taste marks and smell marks are not applicable in Turkey. Perfumes, air fresheners, and colognes cannot be registered as a scent trademark. Taste marks and smell marks cannot be registered as a trademark since they are deemed inadequate for being demonstrated on the register in a manner to determine the subject matter of the protection clearly and precisely.
Only the signs counted in Article 4 of Turkish IP Code can be registered as a trademark?
Trademarks exemplified in Article 4 of the Turkish IP Code are not counted as numerus clausus. Thus, you will be able to register a sign which falls the scope of Article 4 and which does not contain any element that may prevent registration (Article 5).
Which classification system is used by Turkish Patent and Trademark Office?
Trademark registration is based on the Nice Classification in Turkey. Special goods or services may be included in the relevant class(es) while filing the application. The 11th of the Nice Classification is currently applied by TPTO.
Is it possible for filing a multiple class application?
Multiple class trademark applications are possible in Turkey.
How are the official fees for filing trademark application calculated?
The official fees are calculated in proportion to the number of the classes. The applicants should pay the same amount for each claimed class. The number of goods and services claimed within each class or the type of the trademark application or type of the entity (legal or natural) does not affect the official filing fee.
Is there any requirement as represented by a trademark attorney?
Not everyone is required to have an attorney represent them before the TPTO. However, the persons whose domiciles are situated abroad shall only be represented by trademark or patent attorneys. Any operations conducted by such legal entity without being represented by an attorney shall be deemed void.
Is a Power of Attorney required?
Submission of the Power of Attorney (“PoA”) is not required for trademark registration in Turkey. On the other hand, when deemed necessary (such as withdrawals, partial renewals, letter of consents etc.), Office may request to submit of the original PoA evidencing the authority of the attorney.
In case of necessity, should a Power of Attorney be notarized and/or legalized?
PoA which needs to be submitted before TPTO, does not require notarization and/or legalization in Turkey, scanned copy of the original signed is sufficient.
What are the required documents/information for a trademark application?
Applicant’s identity details (name or title and address)
Sample of trademark
List of goods or services for which application is filed
Payment receipt
If any of the above requirements are not met, a deficiency letter requesting to complete the missing item within 2 months as of the notification of the deficiency letter is issued and sent. The filing date will be amended to the date on which all obligatory information is complete.
Additional Documents:
If the application has been filed for collective or guarantee trademarks, technical specifications
If priority right is claimed, information showing that the fee of priority right claim is paid,
If letters other than the Latin alphabet are used in the reproduction of trademark, their transliteration in the Latin alphabet should be filed with the application.
If any of the above requirements are not met, a deficiency letter requesting to complete the missing item is issued and sent. The filing date does not affect the formal deficiency.
What are the formal requirements for trademark sample?
The trademark sample must be 591x591 pixels, square shape (5cm x 5cm or 7cm x 7cm), in JPEG format, 300 DPI resolution and, maximum 1 MB size.
Can an applicant claim priority?
An applicant, whether a natural or legal entity, may claim priority by grounding on one or more trademark applications filed previously if the Applicant is national or resident of the States party to the Paris Convention or WTO agreement or have established business in those States. The priority may be claimed within 6 months from the date of the first filing.
The applicant can also claim exhibition priority within 6 months of the first display if the trademark was displayed within the scope of the goods and services applied for at national or international exhibitions in Turkey or official or officially recognized exhibitions held in the countries which are parties to Paris Convention or Agreement Establishing World Trade Organization.
What is the required procedure to be followed for claiming priority?
An applicant should claim priority with the application by paying the official fee for claiming priority. The original priority certificate and the Turkish translation of the same approved by a sworn translator should be submitted before TPTO within 3 months at the latest as from the date of application.
Does TPTO perform ex-officio examination upon receiving the application?
Upon receiving the application, TPTO performs ex-officio examination based on the absolute grounds.
What are the absolute grounds for refusal of application?
Pursuant to Article 5/1 of the Turkish IP Code, the following signs are not allowed for registration under the absolute grounds:
a) Signs which may not be trademark according to Article 4
b) Signs which are devoid of any distinctive character
c) Signs which consist exclusively or includes as an essential element of signs or indications which serve in trade to designate the kind, type, characteristics, quality, quantity, intended purpose, value, geographical origin, or the time of production of goods or of rendering of the services or other characteristics of goods or services
ç) Signs which are identical to or indistinguishably similar to a trademark, which has been registered or which has been applied for registration, relating to identical goods and services or to goods and services of the identical type
d) Signs which consist exclusively or includes as an essential element of signs or indications used by everyone in the trade area or which serves to distinguish members of a particular professional, vocational or commercial group from others
e) Signs which consist exclusively of the shape or another characteristic which results from the nature of the goods themselves or the shape or other characteristics which is mandatory to obtain a technical result or gives substantial value to the goods
f) Signs which would deceive the public, for instance, as to the nature, quality or geographical origin of the goods or service
g) Signs which shall be refused pursuant to Article 6ter of the Paris Convention
ğ) Signs other than those covered by Article 6ter of the Paris Convention but which are of public interest, and which contain historical, cultural values, and emblems, badges or escutcheons for which the consent of the competent authority has not been given
h) Signs that contain religious values or symbols
ı) Signs which are contrary to public policy or to accepted principles of morality
i) Signs which consist of a registered geographical sign or which contain a registered geographical sign
Are there any exceptions regarding possible refusals due to the absolute grounds?
Pursuant to Article 5/2 of the Turkish IP Code, if a trademark has been used before the application, and through this use, has acquired distinctive character in respect of the goods and services subject to the application, the registration of this trademark may not be refused in accordance with Article 5/1 subparagraphs (b), (c) and (d).
Pursuant to Article 5/3 of the Turkish IP Code, trademark application may not be refused according to subparagraph (ç) - identical to or indistinguishably similar earlier trademarks- of the Article 5/1 if a notarial document indicating the clear consent of the prior trademark proprietor for the registration of the application is submitted to the TPTO.
What is the required procedure to be followed for submitting the Letter of Consent?
The consent should be submitted with a special form issued by TPTO. The consent form should be notarized. The original consent form or the notarized copy of the same should be submitted to TPTO.
The form may be filed simultaneously with the application. If the form is not submitted with the application and the application is refused due to earlier identical or confusingly similar trademark (Article 5/1(ç)), the applicant can file an appeal against this provisional refusal decision of TPTO and file the consent form until the TPTO grants its decision on the appeal.
The consent has an unrecoverable characteristic, once the consent form was submitted to TPTO, it cannot be revoked.
Letter of Consent should be submitted for each trademark application separately.
Which information should be specified in the consent form to obtain a valid consent?
The consent form should not include any conditions or reservations.
Identity and contact information of the applicant(s) to whom the consent has been given should be indicated.
If the consent form is submitted at the application stage, the sample of the trademark subject to the consent; if it is submitted at the stage of appeal of the provisional refusal decision of TPTO, the application number subject to the consent should be indicated.
Identity and contact information of the applicant(s)/trademark owner(s) and the application or registration number of the prior trademark should be specified.
The goods and/or services subject to the consent and the respective class numbers of the same.
If the consent form is signed by the attorney on behalf of the applicant or the trademark owner, a notarized power of attorney containing the consent authority or a notarized copy of the said power of attorney should be submitted along with the consent form.
If there are exclusive license holders registered in the trademark registry, their written permission must also be submitted.
What happened if TPTO provisionally refuses the application due to the absolute grounds?
An application may be refused partially or entirely. If TPTO refuses the application due to the absolute grounds, this provisional refusal decision of TPTO may be appealed before the Re-examination and Evaluation Board of TPTO within 2 months as from the date of notification.
How long the publication term in Turkey?
If the trademark is not provisionally refused or partially accepted, the application is published in the Official Turkish Trademark Bulletin (for the partial refusals it is published limited with the accepted goods and services). The trademark applications are published for 2 months for the oppositions of the third parties in the Turkish Trademark Bulletin.
What are the requirements for registration of a trademark application if the application successfully passes all the stages (formal and substantive examinations, publication stage, opposition proceedings)?
The registration fee should be paid within 2 months from the notification of the decision for registration. Registration certificates are issued electronically only and printed copy is not provided.
How long the protection term for the registered trademarks in Turkey?
The term of protection for registered trademark is ten years started from the date of application. This term may be renewed for periods of ten years unlimited time.
How long does it take to register a trademark application straightforwardly?
A typical trademark application takes 6-8 months from filing until registration (2 months examination stage, 2 months publication stage, 2 months decision phase if no opposition is filed, 1-2 months registration and certification stage). In case of an opposition or ex-officio rejection, each may take 6-8 months plus the same for the appeals.
On what grounds may a proprietor lose rights in a registered trademark?
The grounds for invalidation are listed under Article 25 of the IP Law. The reasons which prevent the registration of the trademark application are also considered as reasons for invalidation of a trademark.
Other reasons for invalidation are the non-use of the trademark for at least five years and dilution of the trademark.
Also, where the trademark creates the risk of deception for the public in relation to the quality, place of production or geographical source, it can be invalidated.
Using a "guarantee" trademark in contravention of its technical regulations, can also lead to invalidation.
A valid trademark can also be deemed unenforceable:
- If the proprietor of the trademark surrenders his/her rights.
- When the protection period expires and is not renewed within the prescribed period.
If, within a period of five years following the registration, the trademark has not been put into use without a justifiable reason in Turkey or if the use has been suspended during an uninterrupted period of five years, the trademark will be repealed (Article 9, IP Law).
Use is defined as (Article 9, IP Law):
- Use in a form differing in elements which do not alter the distinctive character of the trademark
- Use on goods or their packaging solely for export purposes
- Use of the trademark by third parties with the consent of the proprietor.
A trademark application can be opposed grounding on absolute and relative grounds.
What is the deadline for opposition?
Interested third parties are entitled to file an opposition against the application by grounding on relative grounds, during the publication period. Thus, the deadline for opposition is 2 months from the publication date of the trademark application. There is no possibility of time extension to file opposition.
What are the relative grounds for refusal of registration?
Pursuant to Article 6 of the Turkish IP Code the following signs are not allowed for registration under the relative grounds upon opposition:
(1) An application for trademark registration shall be refused upon opposition if there exists a likelihood of confusion on the part of the public, including the likelihood of association with the earlier trademark, due to identity with, or similarity to, the earlier trademark and the identity or similarity of the goods or services covered.
(2) A trademark application for the registration of an identical or indistinguishably similar trademark filed by a commercial agent or representative in his own name without the trademark proprietor’s consent and without any justifiable ground shall be refused upon the trademark proprietor’s opposition.
(3) If a right to a non-registered trademark or to another sign used in the course of trade was acquired prior to the date of application or the date of the priority claimed for the application for registration of a trademark, the trademark application shall be refused upon opposition of the proprietor of that prior sign.
(4) Trademark applications which are identical or similar to the well-known marks within the context of Article 6 bis of the Paris Convention, shall be refused upon opposition in respect of the identical and similar goods or services.
(5) A trademark application which is identical with, or similar to, an earlier registered trademark or application irrespective of whether the goods or services for which it is applied or registered are identical with, similar to or not similar to those for which the latter trademark is applied for, and the use of the latter trademark without due cause would take unfair advantage of, or be detrimental to the distinctive character or the repute of the earlier trade mark due to the reputation the earlier trademark has in Turkey; shall be refused upon opposition of the proprietor of that earlier trademark.
(6) An application for registration of a trademark shall be refused upon the opposition of the right holder if it consists of a person’s name, trade name, photography, copyright or any other intellectual property right of another.
(7) An application for registration of a trademark identical to or similar to a collective mark or a guarantee mark with identical or similar goods or services, that is filed within three years following the expiration of the protection of the collective mark or guarantee mark due to non-renewal shall be refused upon opposition of the previous right holder.
(8) An application for registration of a trademark identical to or similar to a registered trademark with identical or similar goods or services, that is filed within two years following the expiration of the protection of the registered trademark due to non-renewal shall be refused upon opposition of previous trademark proprietor provided that the trademark has been used during this period.
(9) Trademark applications filed in bad faith shall be refused upon opposition.
Does the Applicant have right to file a response?
A response can be filed within one month as of the notification date of the opposition. The Applicant can set forth the counter statements in the response as to the grounds specified in the opposition.
Which can be claimed in the response to overcome the opposition?
The differences between the signs and/or the goods/services can be revealed, the relevant public’s degree of attention and sophistication can be evaluated and it can be claimed that there would not be likelihood of confusion between the signs. Additionally, if the opponent’s base marks has been registered for at least five years at the date of application or date of priority of the opposed application, the applicant can invite the opponent to prove the genuine use of its base marks in Turkey for the last 5 years as the date of application or date of priority of the opposed application. If the opponent cannot prove genuine use, the opposition would be rejected in terms of likelihood of confusion for the marks that the genuine use could not be proven, pursuant to Article 6/1 of Turkish IP Law. The counterarguments should be constructed case-specifically.
Which Department of TPTO examines the oppositions?
Trademark Department of TPTO grants decisions by examining the oppositions and responses (if any).
Is there an appeal mechanism?
Any party who is not satisfied with the decision given by Trademark Department has right to file an appeal within two months as of the notification date. Appeals must be filed before the Board of Re-examination and Re- Evaluation of TPTO. The decision given by the Higher Board is the final decision of TPTO. If one of the parties is not satisfied with the decision, a cancellation action against the respective final decision may be commenced before specialized IP courts in Ankara within two months from the date of notification of the Higher Board.
When does renewal fee become payable?
A trademark can be renewed every ten years. The renewal fee for a trademark registration falls due every tenth anniversary day of the date of filing and it becomes payable 6 months before the renewal due date.
Is there any extension/grace period for payment of a renewal fee?
If payment of renewal fee is not made in due time, it may still be validly paid within additional 6 months from due date, provided that a penalty fee is paid.
Is it possible to partially renew a trademark registration?
A registered trademark can be renewed partially for some of the goods or services only.
Is Power of Attorney required for renewing a trademark registration?
If a trademark registration will be renewed wholly, for all the goods and services, Power of Attorney (PoA) is not required. On the other hand, if a trademark registration will be partially renewed for some of the goods and services, Power of Attorney (PoA) which expressly covering the authorization for partial renewal is required.
When will renewal be effective?
Renewal will be effective as the day following the date on which the 10 years protection period ends.
Does number of classes affect the official fee?
The official renewal fee is fixed and it does not vary in proportion of number of classes or number of items of goods and services.
Does the right holders’ entity status affect the official fee?
Legal and real entities are expected to pay the same amount of official fee. The official fee does not change in accordance to the entity status or the size of entity.
Valid trademark applications and registered trademarks can be transferred to third parties through an assignment agreement.
Is the recordal of an assignment obligatory?
It is not obligatory to record an assignment in trademark register. Assignments can only have effect against third parties, who are acting in good faith, as from the date of their entry in the trademark registry.
Can a registered or applied-for trademark be assigned partially?
Yes, a registered or applied-for trademark can be partially assigned for some of goods or services. Class numbers and goods and services subject to the transfer should be indicated in Assignment Agreement.
Is there any deadline to record an assignment?
There is no deadline to record assignment of the rights in the trademark registry. The trademark remains effective independently from the assignment.
Is Power of Attorney required for recording an assignment in the trademark registry?
Power of Attorney is not required for recording an assignment.
Is uniliteral declaration sufficient for an assignment?
Assignment should be done mutually and the express acceptance of the assignee is required for a valid assignment of the rights. In other words, Assignment Agreement should be signed both Assignee and Assignor.
Is there any requirement for legalization or notarization for recording an assignment?
Assignment Agreement should be notarized and legalized by Apostille. Specifically, notary public should expressly approve the signatures of the authorized persons of both Assignor and Assignee. If apostille is not possible, Assignment Agreement should be legalized by Turkish consulate or embassy.
Is the original of Assignment Agreement required?
A copy of Assignment Agreement is sufficient provided that it fulfills the requirements of the conditions for validity.
Is Turkish translation of Assignment Agreement required to record an assignment in the registry?
A Turkish translation approved by a sworn translator is required for recording assignment.
Is it possible to record an Assignment Agreement that covers multiple trademarks with a single request for assignment before TPTO?
It is not possible to record assignment for different trademarks with a single request. Assignments should be individually recorded per each file.
Is recordal of an assignment subject to official fee?
The recordal of an assignment is subject to official fee. If more than one trademark is subject to recordal, official fees should be paid for each case separately.
Should the Assignment Agreement be specifically drafted for Turkey?
There is no need for a specific Assignment Agreement that is particularly prepared for Turkey. Worldwide Assignment Agreements are also acceptable provided that it refers to the national Turkish trademark application or registration numbers therewithin.
Is there any statutory requirement for the scope or content of an Assignment Agreement?
There is no specific content requirement for Assignment Agreement. A simple declaration of transfer of rights by assignee will be sufficient. Furthermore, trademark application or registration number or numbers subject to assignment should be listed in Assignment Agreement for validity.
Is any document evidencing the address change required for recording a change of address?
No evidence is requested for recording change of address.
Is Power of Attorney required for recording change of address?
Power of Attorney (PoA) is not required for recording change of address.
Is it possible to record the address change only for selected cases?
The address change is reflected to all trademark applications and registrations of the concerning right holder.
Does recordal of an address change affect all registers (patent, trademark, design)?
The address change is applied to all registers namely, the address of the right owner will be changed in trademark register, patent register and design register.
Is recordal of an address change subject to official fee?
For change of address, official fee is not requested.
Is any document evidencing the name change required for recording a change of name?
An official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording change of name. The document should expressly mention the change of name and both old and new names of the right owner.
Is a translation of official document for recording change of name required?
Turkish translation of official document approved by a sworn translator is required for recording change of name.
Is a copy of official document sufficient for recording change of name?
A copy is sufficient for recordal furthermore, no notarization or legalization is required.
Is Power of Attorney required for recording change of name?
Power of Attorney (PoA) is not required for recording change of name.
Is it possible to record the name change only for selected cases?
The name change is reflected to all trademark applications and registrations of the concerning right holder.
Does recordal of a name change affect all registers (patent, trademark, design)?
The name change is applied to all registers namely, the address of the right owner will be changed in trademark register, patent register and design register.
Is recordal of a name change subject to official fee?
For change of name, official fee is not requested.
Is any document evidencing the merger and acquisition required for recordal?
An official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording merger and acquisition. The document should expressly mention the merger and acquisition and both old and new entities.
Are company minutes or proceedings of similar decision for a merger and acquisition acceptable?
Company minutes or proceedings of similar decision for merger and acquisition are not acceptable.
Is official certification of notary public regarding merger and acquisition is sufficient to record merger and acquisition?
Official certification of notary public is not sufficient to record a merger and acquisition.
Is a translation of official document for merger and acquisition required?
Turkish translation of official document approved by a sworn translator is required for recording merger and acquisition.
Is a copy of official document sufficient for recording merger and acquisition?
A copy is sufficient for recordal furthermore, no notarization or legalization is required.
Is Power of Attorney required for recording merger and acquisition?
Power of Attorney (PoA) is not required for recording merger and acquisition.
Is recordal of merger and acquisition subject to official fee?
The recordal of merger and acquisition is subject to official fee. If there is more than one trademark, official fees should be paid for each case separately.
Which types of licenses are available for recording?
There are two types of license, exclusive and non-exclusive. A license is not exclusive if it is not agreed so in License Agreement. In the case of non-exclusive License Agreements, licensor can use trademark too and Licensor can grant sub-licenses for the same trademark. In the case of exclusive License Agreements, licensor cannot grant further licenses to third parties, and cannot use trademark unless it reserves its rights obviously.
Can licensees assign their license rights to third parties?
No, licensees cannot assign their license rights to third parties unless any clause is available for right to assign in License Agreement.
What is the scope of rights for licensee in using licensed trademark?
Licensee can take any action, unless otherwise agreed, in respect of the use of trademark. If licensee does not act in compliance with the terms and conditions of License Agreement, licensor can put forward its rights of trademark against Licensee.
Should a trademark application have been granted for granting and recording a License?
No, License can be granted and recorded for a pending trademark application.
Is there any requirement for disclosing or declaring consideration in a License Agreement?
There is no requirement to disclose or declare consideration in order to validly license the rights.
Should term of license be indicated in License Agreement for recording a license?
Yes, term of license should be clearly indicated in License Agreement. Otherwise, it will not be possible to record license in the registry.
Can license be granted unilaterally?
No, license should be done mutually and the express acceptance and declaration of the licensee is required. In other words, both licensee and licensor should simply sign License Agreement.
Is there any requirement for legalization or notarization for recording license?
There is no requirement for notarization or legalization of a License Agreement. Simple signatures of licensor and licensee on License Agreement are sufficient to record license in the trademark registry.
Is it possible to partially grant a license for only some of goods and/or services?
Yes, license can be granted for only some of goods and/or services
Is recordal of a license obligatory? If not, are there any negative consequences where the License is not recorded duly in the registry?
Recordal of a license is not obligatory. However, licenses can only have effect against third parties, who are acting in good faith, as from the date of their entry in the trademark Register. In other words, it is not possible to put forward the rights on the trademark against third parties acting in good faith unless and until they are duly entered in the trademark Register.
Is the original of License Agreement required?
Not actually, a copy of the License Agreement is sufficient provided that Trademark Attorney declares that the copy is same as the original.
Is the translation of License Agreement required to record a license in the trademark registry?
Yes, a Turkish translation approved by a sworn translator is required for recording License.
Is it possible to record a License Agreement comprising multiple trademark cases by one License request at Turkish Patent and Trademark Office?
License should be individually handled for each case (case by case).
Is Power of Attorney required for recording a license in the trademark registry?
Power of Attorney is not required for recording a license.
Is there any deadline to record a License?
There is no deadline and requirement to record License Agreement in the trademark registry.
Are official fees payable in order to record a trademark License?
Yes, official fees are payable for recordal of a license. If there is more than one trademark within the scope of license, official fees should be paid for each case separately.
Is a worldwide License Agreement acceptable?
Yes, it is acceptable provided that license refers to Turkish trademark application or registration number(s) therewithin.
Is recordal of license published?
Yes, license is published in Turkish Trademark Bulletin.
Can a pending trademark application be licensed?
Yes, a pending trademark application can be licensed; there is no requirement for grant or registration of application for license.
If a trademark application or trademark registration seized, is it still possible to license the rights thereon?
Seizure is not an obstacle to license the rights of a trademark.
If a trademark application or trademark registration pledged, is it still possible to license the rights thereon?
Pledge is not an obstacle to license the rights of a trademark.
Is there any regulatory requirement for the scope or content of a License Agreement?
In a License Agreement, trademark application or trademark registration number and list of goods and services subject to License, term of license are required; otherwise, recording license will not be allowed in the trademark registry.
