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Figures for turnover or advertising should only relate to the goods
and/or services with respect to which registration is sought. Market
share figures must relate to the mark claiming acquired distinctiveness
through use. It is significant that sales figures provided as evidence
should indicate the sales regarding the mark in relation to total market
sales figures. A sequence table demonstrating the sales figures of other
trademarks within the same market segment would be attributed with
high probative value.
Evidence should provide information on how the mark is used, its
exposure time, consistency and permanency.
Conclusion
Lack of distinctiveness (7/1(a)), descriptiveness (7/1(c)) and com-
mon use in trade (7/1(d)) are defined as absolute refusal grounds for
trademark registry in the Decree Law on Protection of Trademarks No.
556. However, there is an exception regarding these absolute refusal
grounds. If a trademark is presently in use and has acquired distinc-
tiveness and relates to the same goods and/or services indicated in the
application, it cannot be refused according to clauses 7/1(a), 7/1(c) and
7/1(d). Nevertheless, acquired distinctiveness claims shall be submit-
ted during the application phase or during objection phase if the appli-
cation is refused, such claims must be proved.
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