Article 4 of the Turkish Industrial Property Code – Full Text and Explanation
📜 Official Provision – Article 4(1)
ARTICLE 4 – (1)
Trademarks may consist of any signs like words, including personal names, figures, colors, letters, numbers, sounds and the shape of goods or their packaging, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner to determine the clear and precise subject matter of the protection afforded to its proprietor.
📘 What Does This Mean in Practice?
Article 4(1) lays out the types of signs that can be protected as trademarks in Turkey. It allows for a broad and modern interpretation of what a trademark can be, as long as it meets two essential requirements:
✅ 1. Distinctiveness
The sign must enable consumers to distinguish your goods or services from those of other businesses.
✅ 2. Clear Representability
The sign must be representable on the register in a clear, precise, and intelligible way, so its scope of protection is transparent to all.
🖍️ Acceptable Signs Under Article 4:
Words (including personal names) Figures and logos Colors Letters and numbers Sounds Shapes of goods or their packaging
This means businesses can register non-traditional marks like sounds, product shapes, or even specific color combinations—so long as they identify the brand clearly and uniquely.
📌 Why Is This Important?
This article reflects a legal framework aligned with EU standards, especially the Sieckmann criteria from the CJEU. The key is ensuring that the trademark:
Identifies a commercial origin, and Can be clearly defined and published for public awareness.
It’s a vital tool for modern brand strategy in technology, fashion, cosmetics, packaging, and media industries.
📞 Need Help with Trademark Registration in Turkey?
We provide full legal support for traditional and non-traditional trademark filings. Let’s protect your brand the right way.
📧 Email: emre@emrekurt.av.tr
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