Publication Of New “Trademark Examination Guideline”

The Turkish Patent And Trademark Office Has Published On September 30, 2019 The New “Trademark Examination Guideline” Prepared In View Of The New Ip Code No.6769.

The new Guideline published on TURKPATENT web page focuses on the Article 5 of the new IP Code, namely on the absolute grounds of refusal (such as the identity/indistinguishable similarity of the trademarks and/or covered goods/services, distinctiveness, lack of distinctiveness, registration of an identical trademark thanks to a LoC provided by the prior right holder, registration of city names, non-registration of a geographical indication…)  

The first Trademark Examination Guideline which had been published by the Office in 2011 and updated in 2011 had focused simultaneously on the Article 7 and Article 8 of the Trademark Decree Law no.55 (namely on absolute grounds of refusal and relative grounds of refusal). The new Guideline only deals with absolute grounds of refusal in however deal the issue in detail in view of multiple decisions issued by the Office /Courts as well as EUCJ.

Hot topics such as “the distinctiveness of color trademarks”, “the examination of movement trademarks or sound trademarks on absolute grounds” and the registration of hashtags as a trademark” are discussed in the new Guideline in view of examples.

The registration of “scent trademarks” (whether the scent / the sign is capable of being represented in the Registry) is another hot issue discussed in the new Guideline in view of the “Sieckmann decision” issued by the EUJC.

The new Trademark Examination Guideline including all details regarding the Article 5 of the new IP Code is available here

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