I NTELLECTUAL PROP ERTY LAW
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similar to another trademark. Slogans or phrases which are in daily
use by people will not be considered as distinctive.
•
Non-Latin characters:
In case of an application including non-Latin characters, the
translation of such characters must also be submitted along with the
letter of application. In this way, the meaning will be determined,
and the application will be assessed accordingly.
•
Identical or similar phrases along with the figures:
In case of a trademark application where the trademark includes
a word with a figure, the word will be taken into account for the
assessment of distinctiveness of the trademark. If the trademark
includes a complete trade name with a figure, then the trade name
will be taken into account for the assessment of distinctiveness.
•
Figure similarities:
In addition to figure similarities, if there is also similarity of goods
or services, then the application will be refused in accordance with
Article 7/1-(b).
•
Assessment in accordance with Article 7/1-(d):
The relevant sector will be taken into account when making an
assessment as to the phrase in accordance with Article 7/1-(d).
The application will be refused in accordance with article 7/1-(d),
if the phrase is related to the goods or services; and the phrase
or the name is commonly used by the people in the sector. If a
profession’s name or a symbol or a name is not related to the goods
or services, subject to registration, then the application will not be
refused. Applications beneath the dignity of the professions will
be refused by taking into account the public order when making an
assessment as to the profession names and titles.
•
Assessment in accordance with Article 7/1-(f):
If the trademark includes the name of the good or service, then
the restriction will not be imposed within the framework of Article
7/1-(f). The applications will be refused for misleading the public
as to quality (1) if the goods are dangerous and hazardous; (2)if the
trademarks can mislead the public as to the
geographical origin; or