Before you file in Türkiye: what TÜRKPATENT refuses on its own

When you file a trademark in Türkiye, TÜRKPATENT examines it before publication. Some problems it raises on its own, without waiting for anyone to object: these are the absolute grounds for refusal in Article 5 of the Industrial Property Code No. 6769. Everything else, including most conflicts with earlier marks, is left to oppositions after publication (Article 6).

Knowing where that line runs helps you choose a name that will pass examination, and tells you what you have to watch for yourself.

What Article 5 covers

Article 5(1) lists the signs that cannot be registered. The main grounds for most applicants:

• (a) Signs that cannot be a trademark at all, because they cannot distinguish goods or services, or cannot be shown clearly in the register.
• (b) Signs without any distinctive character for the goods or services applied for: simple slogans, a single letter or number on its own, basic shapes, a single colour.
• (c) Descriptive signs: words that describe the kind, quality, quantity, purpose, value, geographical origin or time of production of the goods or services.
• (ç) Signs identical or indistinguishably similar to an earlier mark for the same or same-type goods or services.
• (d) Signs customary in the trade, or used to identify a profession or trade group.
• (e) Shapes that result from the nature of the goods, are needed for a technical result, or give the goods their substantial value.
• (f) Misleading signs, for example about the nature, quality or geographical origin of the goods.

The list goes on with state emblems and official signs, signs of public interest or with historical and cultural value, religious values and symbols, signs contrary to public order or morality, and signs that conflict with registered geographical indications.

Descriptive words: English is read as English

The Office does not only look at Turkish. Descriptive words in the languages commonly used in trade, above all English, are assessed on their meaning in that language. A word that simply describes the goods in English is treated like its Turkish equivalent and refused. TÜRKPATENT’s examination guidelines give examples: “longlife parkett” for parquet, “Mentor” for business consultancy, “Chiffon” for fabrics.

The same applies to languages widely understood in Türkiye, and even to other alphabets: the guidelines mention Arabic words known in Türkiye and Cyrillic script, given the number of Russian-speaking visitors.

Some words get particular attention, alone or combined with a descriptive term: “Türk”, “Turkish”, “Euro”, “European”, “smart”, “best”, “eco”, “plus”, “mini”, “my”, “e-” and similar quality or promotional terms. Adding one of these to a descriptive word does not make it distinctive.

In practice: a name that works in your home market may be descriptive in English. Check the meaning of every word in English (and Turkish) against the goods and services you file for.

Distinctiveness acquired through use

A sign refused as non-distinctive, descriptive or customary in the trade (grounds (b), (c) and (d)) can still be registered if it has acquired distinctive character through use before the application (Article 5(2)). The applicant has to prove it, either with the application or when appealing a refusal. This exception does not apply to signs that cannot be a trademark at all under Article 5(1)(a).

Earlier marks: where the Office stops you, and where it does not

Article 5(1)(ç) is the only absolute ground that looks at other people’s marks, and it is narrow. The Office refuses your application on its own only if it is:

• identical to an earlier mark or application, or
• so similar that consumers could not tell them apart (“indistinguishably similar”),

and covers the same or same-type goods or services.

“Indistinguishable” sets a high bar. According to the guidelines and the case law they follow, the overall impression of the two signs has to be almost the same, with a similarity so clear that no further analysis of likelihood of confusion is needed. Where the similarity is less obvious, the Office does not act: it is up to the owner of the earlier mark to oppose under Article 6(1).

Some of the guidelines’ rules that matter for English-language brands:

• Possessive ’s and plural -s. Adding “’s” or a plural “-s” to an earlier word mark generally does not avoid refusal. With very short words, the extra letter can be enough to tell the marks apart.
• “The” and “by”. “THE SOPHIA” is not treated as indistinguishable from “SOPHIA”, and “by” plus a distinctive word is generally not either. The longer the words that follow, the less this helps.
• Word plus device. If the word elements are the same but one mark adds a different figurative element, the marks are not identical; the Office then asks whether they are indistinguishably similar.
• Colours. For colour marks, shades that cannot be told apart by eye can be indistinguishable even if their Pantone codes differ.

If the earlier mark belongs to you, or its owner agrees, the refusal can be avoided: a notarised letter of consent from the earlier owner, filed with TÜRKPATENT, prevents a refusal under Article 5(1)(ç) (Article 5(3)). An application signed by the earlier owner itself (not just by its representative) is treated as implied consent.

Why this matters for foreign brand owners

Two practical consequences follow.

• The Office will not protect you from look-alikes. A later application that is similar but not indistinguishable from your mark will be published and registered unless you oppose it within the two-month opposition period. Watching the bulletin is the only way to catch it.
• Use matters in oppositions. If your mark has been registered for at least five years when you oppose, the applicant can ask you to prove use. Proof of use cannot be requested against an Office refusal under Article 5(1)(ç), but it can in an opposition. See our note on the five-year rule.

What we recommend

• Search before you file, including for marks that are similar without being indistinguishable: the examination will not tell you about them.
• Check the meaning of your name in English and Turkish against each class you file for.
• Watch the bulletin after registration, so that similar applications are opposed in time.

If you would like us to check a name before you file in Türkiye, send it to us.

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This note is general information, not legal advice. Article references are to the Industrial Property Code No. 6769. It draws on TÜRKPATENT’s examination guidelines for Article 5 (Marka İnceleme Kılavuzu), which are not binding on the courts. TÜRKPATENT publishes an English translation of the Code: download the PDF.