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NEW TRADE MARK EXAMINATION GUIDELINE

The updated version of the Trademark Examination Guideline (“Guideline”) has been published on 30 September 2019 by the Turkish Patent and Trademark Office (“TPTO”).

The Guideline’s main purpose is to clarify the criterias regarding the examination of trademark applications on absolute grounds within the scope of the article 5 of the Industrial Property Code (“Code”) numbered 6769 and dated 10 January 2017.

The Guideline gives detailed explanation and includes more examples and more decisions of the TPTO, Courts and EUIPO than the Guideline which was in force since 2015, within the scope of the Code. The new Guideline updates the previous one in accordance with the Code.

Within this context, the absolute grounds for refusal that are included between the articles 5(1)(a) and 5(1)(i) of the Code are examined in 12 main sections and consists of 379 pages. It is expected that the Guideline will clarify the principles of absolute grounds for refusal and provide consistency in the TPTO’s decisions.

While the Guideline includes details and great number of examples, the highlighted points can be summarized as follows:

  • With regards to the representation of the trademark in the registry, it is stated that since the graphical representation is not required, it is enough to upload the videos and the voice recordings for the applications of the sound marks.
  • With regards to “distinctiveness” and “descriptiveness”, the Guideline provides the main criteria that should be taken into consideration in evaluating trademark applications. It is emphasized that (i) the trademark to be registered should be evaluated together with goods and services that are the subject of the application, (ii) the application should be evaluated as a whole, and (iii) the perception of the target consumers should be taken into consideration.

The link for the full text of the announcement is herebelow (only available in Turkish):

https://www.turkpatent.gov.tr/TURKPATENT/resources/temp/F6DF6A57-5157-4F78-965D-3FE0065055A2.pdf

Our Law Firm remains at your disposal for any further clarifications you may need.

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