MATTERS TO BE CONSIDERED WHILE CHOOSING A TITLE
Communiqué on Trade Names entered into force by being published in the Official Gazette dated 14.02.2014 and numbered 28913. Significant changes and regulations were made with the aforementioned communiqué.
1. A trade name cannot be registered in any Turkish registry office without making the necessary addition to distinguish it from another previously registered title.
A previously registered trade name cannot be registered without making a distinctive addition to another trade name with the same annex and the first phrase indicating the subject of the business within the scope of Article 46 of the Turkish Commercial Code.(Ex.1)
A trade name that has the same attachment to the previously registered trade name, but whose first phrase indicating the business subject after the attachment is different, can be registered without making a distinctive addition.(Ex.2)
Any other title whose phrases are different from a previously registered trade name, indicating only the company type, cannot be registered without making a distinctive addition.(Ex.3)
For example,
Example-1: If the trade name of “A İnşaat Otomotiv Tekstil Sanayi ve Ticaret Anonim Şirketi” has been registered before, the trade name of “A İnşaat Tekstil Turizm Sanayi ve Ticaret Anonim Şirketi” is without any distinctive addition. cannot be registered.
Example-2: If the trade name of “B İnşaat Otomotiv Sanayi Anonim Şirketi” has been registered before, the trade name of “B Turizm İnşaat Sanayi Anonim Şirketi” can be registered without making any distinctive additions.
Example-3: If the trade name of "C Turizm Limited Şirketi" has been registered before, the trade name of "C Turizm Anonim Şirketi" cannot be registered without making a distinctive addition.
2. In order to find out whether the trade name you intend to choose is used by another business, you can make an inquiry through the trade name databases of our Union and the Ministry of Customs and Trade by logging into the "Inquiry" section on the website of our Turkish Trade Registry Gazette Directorate. .
3. It is possible for the trader to use any suffixes he/she wishes in his/her title, except for the expressions that will create a wrong opinion with his/her business.
4. Trade names can be determined in a foreign language.
The trade name can be freely determined, provided that the phrases indicating the business subject and company type are in Turkish.
5. It will be sufficient to include at least one of the business subjects in the trade names of joint stock and limited companies.
6. A trade name deleted from the trade registry cannot be re-registered in the name of another trader unless five years have passed.
7. In order to use country names in the title, it is necessary to obtain permission from the competent authorities of that country.
8. Phrases in the trade name cannot be contrary to public order, national interests and morals, and cannot be determined in a way that will damage cultural and historical values.
9. The issues that businesses should consider when choosing their trade names vary according to private businesses and companies.
According to this:
While choosing the trade name in private businesses, it is obligatory to use the name and surname of the person without abbreviation. In particular, it is forbidden for real persons to make additions to their trade names that would create the illusion that a company exists.
The trade name of the collective company, the name and surname of all partners or at least one of the partners must consist of a phrase indicating the type of company.
Commercial titles of ordinary or limited partnership companies whose capital is divided into shares must consist of the name and surname of at least one of the limited partners and a phrase indicating the type of company. It is prohibited by law to include the names and surnames of the limited partners in the trade names of these companies.
In trade names of limited and joint stock companies; The words “Limited Company”, “Joint Stock Company” and “Cooperative” must be present. If the name or surname of a real person is included in the trade name, it is not possible to write the phrases indicating the type of company as pseudonyms or abbreviated.
10. When choosing the trade name in a branch of a business, it is obligatory to use the trade name of its own headquarters and to indicate that it is the branch at the end of the title. No additions related to the branch should be made to this title.