Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Turkey: Patent and Trademark Office publishes New Trademark Examination Guideline

The Turkish Patent and Trademark Office (the office) published the New Trademark Examination Guideline (guideline) on September 30 2019. The guideline defines the criteria for the examination of trademark applications on absolute grounds within the scope of the Industrial Property Code (IP Code) that came into force in 2017.

The guideline aims to update the previous guideline which was in force from 2011, clarify the principles of absolute grounds for refusal that are explained in the IP Code and provide consistency in office decisions.

The guideline consists of 379 pages and includes a great number of examples encompassing the decisions of the office and the courts, as well as recent developments in the EU. In particular, Article 5/1(c) regarding descriptiveness and Article 5/1(ç) regarding indistinguishable similarity to a senior trademark or trademark application are discussed in detail, providing various examples.

The key points of the guideline can be summarised as follows:

  • Since graphical representation is not required, it is enough to upload videos and voice recordings for applications for sound marks. For colour mark applications, the section for the colour example must be filled out fully and the "Pantone" colour code must be indicated.

  • When evaluating the trademark applications for "distinctiveness" and "descriptiveness", i) the trademark to be registered should be evaluated together with the goods and services that are the subject of the application; ii) the application should be evaluated as a whole; iii) the perception of the target consumers should be taken into consideration.

  • While the ex officio similarity evaluation is conducted by the office for the same or indistinguishable trademarks i) if there are two composite marks under evaluation, the overall impression that the marks leave should be taken into consideration, ii) if there is one composite and one non-composite mark under evaluation, the evaluation should be made upon the distinctive elements, iii) the distinctiveness level of the trademarks such as low-middle-high should be taken into consideration while the protection scope is determined.

The office, in its announcement, stated that this is a living document and should be updated occasionally according to changes in practice and evaluation. We believe that this detailed work will clarify the principles of absolute grounds for refusal and provide consistency in the office's decisions.

kose-mutlu-yildirim.jpg

Mutlu Yıldırım Köse


Gün + PartnersKore Şehitleri Cad. 17Zincirlikuyu 34394İstanbul, TurkeyTel: + (90) (212) 354 00 00Fax: + (90) (212) 274 20 95gun@gun.av.trgun.av.tr

more from across site and ros bottom lb

More from across our site

Counsel are eying domestic industry, concurrent PTAB proceedings and heightened scrutiny of cases before institution
Jack Daniel’s has a good chance of winning its dispute over dog toys, but SCOTUS will still want to protect free speech, predict sources
AI users and lawyers discuss why the rulebook for registering AI-generated content may create problems and needs further work
We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
A technical effect must still be evident in the original patent filing, the EBoA said in its G2/21 decision today, March 23
Brands should not be deterred from pursuing lookalike producers, and an unfair advantage claim could be the key, say Emma Teichmann and Geoff Steward at Stobbs
Justice Mellor’s highly anticipated ruling surprised SEP owners and reassured implementers that the UK may not be so hostile after all
The England and Wales High Court's judgment comes ahead of a separate hearing concerning one of the patents-in-suit at the EPO
While the rules allow foreign firms to open local offices and offer IP services, a ban on litigation and practising Indian law could mean little will change
A New York federal court heard oral arguments this week in a copyright case pitting publishing giants against a digital library