Every transaction of commercial enterprises, from their establishment to their termination, is both protected and controlled by the law. Within the scope of protection, the “trademark”, which is a kind of “photograph” of that business in front of consumers, is also included. For this reason, taking the necessary measures to protect and even understanding the value of the brand beforehand is one of the most important steps that business owners should take to gain a reputation in the market. The brand, which is one of the elements of the business, is based on an abstract understanding of property unlike other elements. The trademark, which is defined in the most general definition as the sign that distinguishes the services or goods of businesses from other businesses, is protected by a system and law (Industrial Property Law). In this system, the trademark recognizes the powers of use, non-use (there are limits to the power of non-use), use and non-use. Thanks to the recognition of these broad powers and the impact it creates in the eyes of consumers, it can add great value to the capital of the business, as well as all other material elements of the business in terms of reputation. For this reason, it is important for business owners to first create a trademark and register it to protect it legally, to use the protection methods required by the registration, to see it as a capital element and to keep it alive by investing in this trademark.
Deniz Topçu (2025) studied this question.