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I NTELLECTUAL PROP ERTY LAW

227

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