Any sign which can be represented graphically, and which is capable of distinguishing the goods and services of an enterprise from those of other enterprises, may be registered as a mark. The following, in particular, may be registered as a mark: words (including personal names), designs, letters, numerals, the shape of goods or their packaging, and similarly descriptive elements capable of being published and reproduced by printing. As follows from what has been stated in the foregoing sentence, three-dimensional marks (and more particularly: the shape of the goods or their packaging) may be registered as a mark; however, three-dimensional signs consisting of the shape resulting from the nature of the goods, or being necessary to obtain a technical result, or giving a substantial value to the goods, cannot be registered as a mark.

The law also provides for the registration of service marks, guarantee marks and collective marks.

Not registrable

A. Not registrable on absolute grounds:

1. Signs not capable of being represented graphically.  

2. Marks devoid of any distinctive character for the goods or services concerned.  

3. Marks identical or confusingly similar to a mark registered or applied for earlier in respect of an identical or confusingly similar type of product or service.

4. Marks consisting exclusively of signs or indications which may serve in trade to designate the kind, characteristics, quality, quantity, intended purpose, value, geographical origin, or time of production of the goods or rendering of the services, or other characteristics of the goods or services.  

5. Marks consisting exclusively of signs or indications which are used to distinguish specific groups of craftsmen, professionals or merchants, or which have become customary in the current and established practices of the trade.  

6. Signs constituted by the shape of the goods resulting from their nature, or being necessary to obtain a technical result, or giving substantial value to the goods.  

7. Marks being of such nature as to deceive the public, in particular with regard to the kind, quality, place of production or geographical origin of the goods or services.  

8. Marks not authorized by the competent authorities and to be refused under Article 6ter of the Paris Convention.  

9. Marks comprising badges, emblems or escutcheons other than those covered by Article 6ter of the Paris Convention which have not been authorized by the competent authorities and which are of particular historical and cultural interest to the public.  

10. Marks being identical or confusingly similar to a well-known mark according to Article 6bis of the Paris Convention.  

11. Marks containing religious symbols.  

12. Marks being contrary to public policy or to accepted principles of morality.

 Marks as referred to under 3), 4) and 5) above may nevertheless be registered if through their use they have obtained distinctive character with regard to the goods or services for which their registration is sought.

After its amendment of November 7, 1995, the law lists under the marks not being registrable on absolute grounds also marks being identical with or confusingly similar to a mark already registered or applied for with an earlier application (or priority) date for identical or similar goods or services (the Turkish Patent Institute, when examining an application for registration, will ex officio examine similarity to marks already registered or applied for).

13.  Marks being identical with a mark already registered or whose registration has been applied for in or with effect for Turkey with an earlier application (or priority) date for the same goods or services.  

14. Marks, (i) being identical with a mark already registered or applied for in or with effect for Turkey, for similar goods or services, or (ii) being similar to a mark already registered or applied for in or with effect for Turkey, for identical or similar goods or services, where because of such identity or similarity there is a likelihood of confusion amongst the public, including the likelihood that the marks are associated with each other by the public.  

15. Marks whose registration is applied for by an agent or representative of its owner in his own name, without the owner’s consent and without a valid justification.  

16. Marks being identical with or similar to a mark already registered or applied for in or with effect for Turkey with an earlier application (or priority) date for goods or services which are not similar, if the earlier mark has a reputation in Turkey and use of the later mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the reputation of the earlier mark.  

17. Marks comprising the name or photograph of a third party, or infringing upon a copyright or any industrial property right of a third party.  

18. Marks being identical or similar to a guarantee mark or a collective mark whose registration has expired less than three years ago.  

19. Marks being identical or similar to a mark which was registered for identical or similar goods or services and whose registration expired less than two years ago due to non-renewal.

 Furthermore, the owner of an unregistered mark or other sign used in the course of trade may oppose the registration of an identical or similar mark if the rights in the earlier mark or sign were obtained prior to the filing or priority date for the registration of the later mark, and provided that the earlier mark or sign confers on its owner the right to prohibit the use of a later mark.