“Signs other than those covered by Article 6ter of the Paris Convention but which are of public interest, and which contain historical, cultural values, and emblems, badges or escutcheons for which the consent of the competent authority has not been given, shall not be registered as trademarks.”
📌 What Does This Mean?
This provision expands protection beyond Article 6ter of the Paris Convention, which already safeguards official state emblems, flags, and hallmarks. Under Turkish law, any sign considered to be of public interest—such as those reflecting a nation’s historical or cultural heritage—cannot be monopolised as a trademark unless the competent authority gives explicit consent.
Examples include:
Historical monuments or cultural symbols (e.g. “Göbeklitepe” or “Trojan Horse”). Local emblems, escutcheons, or official badges of municipalities. Cultural assets tied to collective identity.
⚖️ Why This Rule Exists
The aim is to protect public values from private appropriation. Allowing individuals or companies to monopolise such signs would:
Restrict public access to cultural or historical identity markers. Create unfair commercial advantage. Undermine respect for national or local symbols.
🚫 Refusal in Practice
A trademark application will be refused if it includes:
An emblem of a historical site (without permission). A municipality’s logo (without official consent). Any sign with strong cultural association seen as belonging to the community rather than a private entity.
✅ Overcoming Refusal
The only way to proceed is by obtaining written consent from the competent public authority (e.g. Ministry of Culture and Tourism, Municipality, or relevant institution). Without such approval, the application cannot succeed.
❓ FAQ
Q: Can I register the name of an ancient city (e.g. “Ephesus”) as a trademark?
A: No, unless you obtain approval from the competent cultural authority.
Q: What if I design a logo inspired by a cultural motif?
A: If it directly incorporates a historical or cultural emblem, it may still face refusal. A creative, distinctive design with no risk of monopolising public values has better chances.
Q: Is this the same as Article 6ter of the Paris Convention?
A: Not exactly. Article 6ter protects state symbols internationally, while Article 5(1)(g) IPC is broader and covers any sign of public interest at the national level.
📧 emre@emrekurt.av.tr
📲 0551 942 20 34
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