Words and Signs That Cannot Be Registered as Trademarks
It is critical for commercial success that a brand is distinctive and can be easily distinguished from its competitors. For this purpose, registering trademarks ensures legal protection.
However, not every word and sign can be registered as a trademark. Signs that do not comply with the criteria specified in the Industrial Property Law No. 6769 will be rejected for registration.
In this blog post, we will examine in detail the words and signs that cannot be registered as trademarks.
1. Undetectable Signs:
Descriptive Signs: Signs that directly describe the type, type, quality, quantity, geographical source or method of production of goods or services cannot be registered. For example, signs such as “White Bread”, “Ankara Bagel” are outside the scope of registration.
Assertive Signs: Signs that praise or contain exaggerated expressions such as the qualities, value, price of goods or services cannot be registered. For example, signs containing expressions such as “Best”, “World Famous” are outside the scope of registration.
General Statements: Statements that generally describe professions, activities or geographical locations cannot be registered. For example, expressions such as “Doctor”, “Translator”, “Istanbul” are outside the scope of registration.
2. Non-Distinguishing Signs:
Commonly Used Expressions: Signs such as idioms, proverbs and symbols that are widely used among the public cannot be registered. For example, expressions such as “Killing two birds with one stone” or “Selling barley while riding a horse” are outside the scope of registration.
Letters, Numbers and Colors: Letters, numbers or colors alone cannot be registered as they are not distinctive. However, they can be registered when used with an original design. For example, a mark such as “A101” can be registered together with its original design, while “A” or “101” alone cannot be registered.
Public Signs: State coats of arms, national flags and other public signs cannot be registered.
3. Illegal Signs:
Deceptive Signs: Signs that may mislead consumers about the nature, origin or method of production of goods or services cannot be registered. For example, the phrase “Handmade” cannot be used on machine-made products.
Signs Contrary to Public Order or Morality: Signs that harm public order or morality, encourage violence or hate speech cannot be registered.
Names and Images of Famous People: Signs using the names or images of famous people cannot be registered without their permission.
4. Signs Similar to Other Registered Signs:
Signs that resemble or are likely to be confused with a previously registered trademark cannot be registered. In the similarity evaluation, visual, auditory and conceptual similarities of brand signs are taken into account.
