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(3)if the trademark application is filed with the packaging along
with the name of the good, the application will only be refused for
the other goods on the list.
•
Province Names
The names of the provinces in Turkey cannot be solely registered
as trademarks and such trademark applications will be refused in
accordance with Article 7/1-(a). However, province names, having
different meanings are exceptions to this rule. The applications
including a province name along with the name of the good or
service or the sector or the trade name will be refused. A trademark,
including a distinctive phrase along with a province name, can
be registered. In case of an application for a trademark such as
“ANKARACHAMBEROFXXXXXXX” or “ISTANBULUNION
OF XXXXXXX”, the trademark will be assessed as a whole.
The application will be refused in accordance with Article 7/1-(c),
if the province name is identified with the good or the province
name is used for referring to the geographical origin.
•
Names of the cities and capital cities of the foreign countries:
Applications for registration of names of the cities and capital cities
of the foreign countries as trademarks will be refused if they have
a reputation for the goods or services or they evoke the goods or
services. The names of countries cannot be registered as trademarks
in the name of third persons. If a trademark does not include a
distinctive item along with the name of a country which is a party to
the Paris convention, then the name of the country will be protected
within the scope of Article 7/1-(g).
•
The phrases of “TÜRKİYE, TÜRK, TURKA, TURCA, TURC”:
“TÜRKİYE” cannot be solely registered as a trademark nor can
it be the essential element of a trademark. However, it can be the
secondary element of a trademark. The phrases which mean Türk,
Turco, Turca, Turka, Turkish and Türk cannot be solely registered
as trademarks, either. However, if they will be distinctive when
registered with other phrases, then the applications will not be
refused. In such a case, the assessment of the phrases will be made
by taking into account the list of goods and services.