The primary purpose of relative grounds for refusal in trademark registration is to protect the rights of existing earlier trademarks and trademark owners during the trademark registration process. Relative grounds for refusal in trademark registration are listed as follows under Article 6 of Law No. 6769:
If the trademark applied for registration is identical to or similar to a registered or previously applied-for trademark for the same or similar goods and services,
If the trademark applied for registration has identical or similar characteristics to a registered or previously applied-for trademark and covers the same or similar goods or services, and if there is a likelihood of confusion by the public, or if there is a possibility that it is related to a registered or previously applied-for trademark,
If the application for registration is made by the commercial representative or agent of the trademark owner without the owner's consent and without a valid reason,
If a trademark or any other sign used in trade that is not registered, but was acquired by someone else before the application date of the trademark being sought for registration or before the priority date specified in the application for the trademark being sought for registration, or if it grants the right to prohibit the use of a subsequent trademark,
If the trademark being sought for registration includes a personal name, copyright, photograph, or any other industrial property right belonging to someone else,
If there are circumstances where unfair advantage could be obtained due to the renowned status of a registered or previously applied-for trademark, the potential to harm the reputation of the trademark, or any other situation that could undermine the distinctive character of the trademark being applied for registration,
If, within 3 years after the expiration of collective or certification trademarks, another application is made for an identical or similar trademark to that collective or certification trademark,
Trademark applications made in bad faith,
Within two years after the protection period of a trademark has expired due to non-renewal, if an identical or similar trademark has been applied for registration for the same or similar goods or services.
The reasons for relative refusal, although not officially considered like absolute refusal reasons, are of great importance when put forward by relevant individuals. In accordance with this:
Among the grounds for opposition during the application process, the 1st Paragraph of Article 6 of the Industrial Property Law states as follows: 'If there is a likelihood of confusion with a registered or previously applied mark due to the identity or similarity of a mark applied for registration with a mark that has been registered or previously applied for registration and the identity or similarity of the goods or services covered by it, the application may be refused upon opposition, including the possibility of being associated by the public with a registered or previously applied for mark.'"
Under this paragraph, the following points are listed:
In this regard, the question of whether there is a likelihood of confusion must be evaluated based on the public.
Article 6(4) of the Industrial Property Law states that 'Trademark applications having the same or similar characteristics as well-known marks within the scope of Article 6 of the Paris Convention shall be rejected upon objection in terms of the same or similar goods or services.'
Whether a mark falls within the scope of the Paris Convention as a well-known mark is determined by the WIPO Expert Committee, considering the following factors:
If a Prior Right is Acquired for an Unregistered Mark or Another Sign Used in Trade Before the Application Date or Any Preceding Priority Date
Article 6(3) of the Industrial Property Law regulates that 'If a right has been acquired for an unregistered mark or another sign used in trade before the application date or any preceding priority date, the trademark application may be rejected upon objection made by the owner of this sign if it is subject to registration in the name of another person.'"
Please note that legal translations may require precise and context-specific terminology, so it's advisable to consult with a legal expert or a professional translator for any official or formal documents.
According to Article 6, Paragraph 2 of the Industrial Property Law, 'An application made by a commercial agent or representative for the registration of a trademark in their own name, without the owner's permission and without a justifiable reason, for a trademark that has identical or indistinguishably similar characteristics as the owner's trademark, shall be rejected upon the owner's objection.'
In accordance with this provision, if a commercial agent or representative, without the owner's permission and without a justifiable reason, applies for the registration of a trademark that is identical or indistinguishably similar to the owner's trademark, the application will be rejected upon the owner's objection.
During the trademark registration process, experts from the Turkish Patent and Trademark Office are required to adhere to certain rules. In this regard, when experts identify a trademark that could cause confusion due to having identical or indistinguishably similar characteristics during the trademark registration process, they do not approve the registration.
While relative rejection processes are carried out, absolute rejection reasons are also closely observed. At Alkan Patent, we conduct research on relative and absolute rejection reasons in trademark and patent applications, providing the fastest and most efficient solutions to ensure the registration of your trademark in your name.
Trademark registration is essential to prevent third parties from using a trademark in an unjust manner to gain profits. To prevent the unauthorized use of your trademark, Alkan Patent handles all procedures on your behalf, saving you time and money. To experience a service focused on quality and trust, visit our website now.
