• About
  • Contact
Şengün Law
  • Deutsch
  • Français
  • Türkçe
  • Español
  • Italiano
  • Investment Advisory In Türkiye
    • Company Formation
    • Foreign Shareholder
    • Concessions – Incentives
    • Tax Liabilities
    • Insurance
    • Real Estate Purchases
    • Risk, Compliance and Regulation
    • International Logistics
    • ESG
    • Competition
    • Trade Union Consulting
    • Region Selection
    • Digital Transformation
    • Information Technology Consultancy
  • Articles
    • From Nedim Korhan Şengün
    • Entrepreneurship Center
    • Global Green Center
    • Center Of Risk Management And Regulatory Compliance
    • Center of Arbitration, Conciliation, and Mediation
    • Capital Markets and Financial Transactions Center
    • Insurance Center
    • Intellectual Asset Management Center
    • Personal Data Center
    • Competition Law and Practice Center
    • Investment Advisory Center
  • Turkish Citizenship and Immigration
    • Acquisition of Turkish Citizenship
    • Work Permit
    • Residence Permit
    • Family Law for Foreigners
    • Criminal Law for Foreigners
    • Intellectual Property for Foreigners
    • Administrative Practices for Foreigners
  • International Disputes
    • Local and International Dispute Resolution
    • Arbitration/ Recognition /Adjudication
  • Announcements
No Result
View All Result
  • Investment Advisory In Türkiye
    • Company Formation
    • Foreign Shareholder
    • Concessions – Incentives
    • Tax Liabilities
    • Insurance
    • Real Estate Purchases
    • Risk, Compliance and Regulation
    • International Logistics
    • ESG
    • Competition
    • Trade Union Consulting
    • Region Selection
    • Digital Transformation
    • Information Technology Consultancy
  • Articles
    • From Nedim Korhan Şengün
    • Entrepreneurship Center
    • Global Green Center
    • Center Of Risk Management And Regulatory Compliance
    • Center of Arbitration, Conciliation, and Mediation
    • Capital Markets and Financial Transactions Center
    • Insurance Center
    • Intellectual Asset Management Center
    • Personal Data Center
    • Competition Law and Practice Center
    • Investment Advisory Center
  • Turkish Citizenship and Immigration
    • Acquisition of Turkish Citizenship
    • Work Permit
    • Residence Permit
    • Family Law for Foreigners
    • Criminal Law for Foreigners
    • Intellectual Property for Foreigners
    • Administrative Practices for Foreigners
  • International Disputes
    • Local and International Dispute Resolution
    • Arbitration/ Recognition /Adjudication
  • Announcements
No Result
View All Result
Şengün Law
No Result
View All Result
Home Articles

An Intellectual Asset, What is a Brand?

31 October 2022
in Articles
Reading Time: 3 mins read
A A
Share on FacebookShare on TwitterShare on Linkedin

I. BRAND AS A COMPONENT OF INTELLECTUAL CAPITAL

A company’s intellectual capital comprises its human capital, organizational structure, and the people and entities it interacts. Thus, intellectual capital components can be divided into three categories: human capital, structural capital, and relational capital (client capital).

Relational (or client) capital refers to a company’s effective use of opportunities and advantages to outperform its rivals in a highly competitive market. Businesses become more efficient by growing their intellectual capital with opportunities arising from these external components.

As a type of relational capital, the brand is an umbrella referring to the characteristics of a product, service, person, or organization, such as image, recognition, reliability, culture, sustainability, reputation, and commitment. Since inventions, utility models, and original designs are considered intellectual property, they need marks to distinguish themselves from competitors to be promoted and sold to customers. These marks, which are essential to businesses, constitute brands. One can think of a brand as the “fingerprint” of a company.

Hence, a brand is “a recognizable mark that distinguishes a company’s products or services from its rivals.”

Aside from their physical and chemical characteristics, products sometimes elicit specific emotional or psychological responses with their brands, which the consumer associates with a corporate identity and image. The position of this image in the consumer’s mind defines the brand’s position regarding competing items. Therefore, a brand is often more than a mere name: it is an identity, an image, or a concept that influences the market position of relevant products.

II. CHARACTERISTICS OF A BRAND

A mark must fulfill the following criteria to be considered a brand:

  1. Being distinctive,
  2. Being drawable, and
  3. Being reproducible via printing.

Person names, words, shapes, letters, and numbers that meet these criteria can be registered as trademarks, and the trademark protection term is ten years from the date of application. The time can be extended indefinitely every ten years with brand renewal.

III. BRAND ELEMENTS

Brand elements are brand names, URLs, logos, symbols, characters, words, slogans, jingles, packaging, and other identifiable marks, which are crucial in providing brand information and conveying messages about the brand to the customer. When these elements are catchy, meaningful, likable, accessible, adaptable, and registrable, the brand is more likely to leave a favorable impression in the customer’s mind.

IV. TYPES OF BRANDS

Brands may be classified into the following categories and sub-types based on their scope, functions, target audience, and lines of business:

Personal Brands: Personal brands are those in which people promote and advertise themselves, their activities, or their services through numerous media.

Product Brands: Product brands refer to packaged consumer products.

Service Brands: Service brands are owned by service providers.

Corporate Brands: Corporate brands refer to an organization’s brand, apart from its products and services.

Image Brands: Image brands provide value by cultivating a particular perception in the minds of their customers.

Luxury Brands: Luxury brands appeal to customers with their exclusive and limited-edition products.

Non-Profit Brands: Non-profit brands are non-commercial brands with a social mission.

Activist Brands: Activist brands captivate consumers with their socially conscious activities.

Place Brands: Place brands are built with efforts to increase the recognition of a city or a region across the world.

Nation Brands: Nation brands refer to all kinds of efforts on a country’s global reputation and perception.

V. TURKISH LAW PROTECTING INTELLECTUAL PROPERTY RIGHTS OF TRADEMARK OWNERS

The Turkish law protecting intellectual property rights on registered and, in rare cases, unregistered trademarks is Industrial Property Law no. 6769 (“SMK”). The Law strictly regulates the rights and obligations arising from trademark registration, and trademark infringement is punishable by severe statutory and criminal penalties.

ShareTweetShare
Previous Post

Importance of Submitting Commitments for Compliance with Competition Law

Next Post

What is Compliance Officer and Compliance Unit? What are the Duties of the Compliance Officer?

Related Posts

Advantages and Disadvantages of Inıtial Public Offering

An initial public offering ("IPO") refers to companies' offering and sale of shares owned by a person, family or group...

Employer’s Ownership of Intellectual and Industrial Property Rights

Intellectual capital, innovation, and creativity are enterprises' most significant drivers in today's highly competitive business environment. Businesses must adopt innovations...

The Rights of Consumers Against Contractors

The Rights of Consumers Against Contractors

A contractor can be defined as the party that provides the necessary capital and workforce for a construction project, obtains...

Agreements Between Undertakings and Infringement Under Competition Law

A. Introduction Turkish Law introduced the concepts of "agreements between undertakings/decisions of associations of undertakings" with Act no. 4054 on...

Tahkim ve Mahkemelerin Müdahale Alanı

Arbitration and Court Intervention

Arbitration is a commonly used alternative dispute resolution method under Turkish law, especially in commercial disputes. It is regulated under...

Importance of Submitting Commitments for Compliance with Competition Law

I. Introduction Act no. 4054 on the Protection of Competition ("Act") stipulates the purpose of the competition legislation, which is...

Next Post

What is Compliance Officer and Compliance Unit? What are the Duties of the Compliance Officer?

Latest Posts

Şirketlerin Siber Güvenlik Açıkları ve Yeni Nesil Dolandırıcılıklara Karşı Hukuki Yükümlülükleri

Companies’ Cybersecurity Vulnerabilities and Legal Obligations Against Next-Generation Fraud

Dijital Bankacılık ve Kişisel Verilerin Güvenliği

Digital Banking and Personal Data Security

The Rights of Consumers Against Contractors

The Rights of Consumers Against Contractors

Board of Directors’ Roles and Responsibilities in ESG

Dijitalleşmenin İş Dünyasında İş ve Sosyal Güvenlik Hukuku Bakımından Değerlendirilmesi

Digital Transformation in the Context of Labor and Social Security Law

Rekabet Kurulunun Yerinde İnceleme Denetimlerinde Hukuka Aykırı Delillerin Değerlendirilmesi

Analysis of Illegally Obtained Evidence from the Competition Board’s On-Site Inspections

  • About
  • Contact

© 2024 Şengün Partners

No Result
View All Result
  • Investment Advisory In Türkiye
    • Company Formation
    • Foreign Shareholder
    • Concessions – Incentives
    • Tax Liabilities
    • Insurance
    • Real Estate Purchases
    • Risk, Compliance and Regulation
    • International Logistics
    • ESG
    • Competition
    • Trade Union Consulting
    • Region Selection
    • Digital Transformation
    • Information Technology Consultancy
  • Articles
  • Turkish Citizenship and Immigration
    • Acquisition of Turkish Citizenship
    • Work Permit
    • Residence Permit
    • Family Law for Foreigners
    • Criminal Law for Foreigners
    • Intellectual Property for Foreigners
    • Administrative Practices for Foreigners
  • International Disputes
    • Local and International Dispute Resolution
    • Arbitration/ Recognition /Adjudication
  • Announcements
  • About
  • Contact
  • English
    • Türkçe

© 2024 Şengün Partners