Signs That Can or Can Not Be a Trademark

Following signs shall not be registered as a trademark (Decree Law No:556 Art.7):

a) Signs which do not conform with the provisions of Article 5, 

b) Trademarks identical or confusingly similar with a trademark registered earlier or with an earlier date of application for registration in respect of an identical or same type of product or services,

c) Trademarks which consist exclusively of signs or indications which serve in trade to indicate the kind, characteristics, quality, intended purpose, value, geographical origin, or designate the time of production of the goods or of rendering of the service or other characteristics of goods or services,

d) Trademarks which consist exclusively of signs and names used to distinguish specific groups of craftsmen, professionals or tradesmen or have become customary in the current and established practices of the trade,

e) Signs containing the shape of the product which results from the nature of the good, which is necessary to obtain a technical result or which gives substantial value to the good,

f) Trademarks which are of such a nature as to deceive the public, such as to the nature, quality, place of production or geographical origin of the goods and services,

g) Trademarks which have not been authorized by the competent authorizes and are to be refused pursuant to Article 6ter of the Paris Convention,

h) Trademarks containing badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention which have not been authorized by the competent authorizes and are of particular historical and cultural public interest,

i) Trademarks which have not been authorized by their owners, well known marks according to 6bis of the Paris Convention,

j) Trademarks which contain religious symbols,

k) Trademarks which contrary to public policy and to accepted principles of morality.

 

 
Geri