Article 5(1)(c) – Descriptive Signs
Legal Basis
Under Article 5(1)(c) of the Turkish Industrial Property Code (IPC) — aligned with Article 7(1)(c) of the EU Trade Mark Regulation (EUTMR) — trademarks are refused registration if they consist exclusively of, or include as an essential element, indications that describe:
Kind or type of goods/services Characteristics or quality Quantity or value Intended purpose Geographical origin Time of production / service provision Other attributes of goods or services
What Does This Mean?
The rule prevents businesses from monopolising descriptive terms that other traders may need to use freely. A descriptive mark tells consumers something about the goods, rather than who makes them.
Examples of Descriptive Signs
Example
Goods/Services
Reason for Refusal
“Organic Honey”
Honey
Describes quality and nature
“4K Vision”
TVs / Cameras
Describes technical quality
“WinterFresh”
Mint gum
Describes taste & freshness
“Cappadocia Tours”
Travel agency
Geographical origin & service
“Morning Roast”
Coffee
Indicates time & type
Why Are They Refused?
Free competition: Competitors must be able to use descriptive terms in trade. Consumer clarity: Customers should not think a descriptive term is a brand. Avoid confusion: Stops granting monopoly over ordinary language.
How to Overcome a Descriptiveness Refusal
You may still register if you can prove acquired distinctiveness (Article 5(2) IPC / Article 7(3) EUTMR), showing that consumers associate the term with your business due to extensive use.
Evidence can include:
Sales figures and turnover data Advertising spend and campaign reach Independent market surveys showing recognition Long-standing market presence
Alternatively, combine the descriptive term with distinctive elements:
Add unique logos, colours, or stylised fonts Combine with invented words or fanciful expressions
Key Case References
CJEU – “Postkantoor” (C-363/99): Dutch for “post office” refused as descriptive for postal services. CJEU – “Chiemsee” (C-108/97): Geographical names are descriptive if they can indicate the origin to consumers. Turkish IP Court – “Ege Peyniri”: Refused for being directly descriptive of geographical origin and type of product.
Practical Tip
When naming your brand:
Avoid directly stating product features, qualities, or origin. Choose invented, arbitrary, or suggestive terms instead. If you must use descriptive terms, make them part of a larger distinctive mark.
📌 Call to Action:
If your trademark application is refused for descriptiveness, we can prepare a strategic acquired distinctiveness dossier or refile with distinctive modifications to protect your brand.
📧 Email: emre@emrekurt.av.tr
📱 WhatsApp: +90 551 942 20 34
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