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Trademark Decision Criteria
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Decree Law No. 556 on the Protection of Trademarks (hereinafter
referred to as the “Decree Law”) aims to protect the trademarks which
are registered in accordance with the provisions of the Decree Law. The
Decree Law covers the principles, rules, and provisions regarding the
protection of trademarks.
Pursuant to Article 5 of the Decree Law, a trademark, provided that
it is capable of distinguishing the goods and services of one enterprise
from those of another, may consist of all kinds of symbols, such as words
including the personal names, figures, letters, numbers and shape of goods
or their packaging, which are eligible to be represented graphically or by
similar means and eligible to be published and reproduced by printing. The
symbols will not be contrary to Article 7 and 8 of the Decree Law.
Article 7 of the Decree Law stipulates the peremptory reasons for
refusal, and Article 8 stipulates the relative reasons for refusal. In case of
an application to the Turkish Patent Institute (hereinafter referred to as the
“TPI”) for the registration of a trademark, the TPI especially considers ex
officio whether the application complies with Article 7 of the Decree Law.
Pursuant to Article 7:
“The following symbols are not to be registered as trademarks:
(a) symbols which do not conform with the provisions of Article 5;
(b) trademarks, identical or confusingly similar to a trademark which
is registered or its application conducted previously for being identical or
the same in terms of product or service;
(c) trademarks which exclusively and substantially include symbols
and names specifying type, nature, quality, number, purpose, value,
geographical origin, or indicating manufacturing date of goods and
services or indicating other characteristics of goods and services;
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Article of February 2010