Under Turkish trademark law, Article 5(1)(h) of the Industrial Property Code provides that certain signs cannot be registered as trademarks:
“Signs that contain religious values or symbols.”
What Does This Mean?
Trademark law prohibits the registration of signs that contain religious values, sacred figures, or religious symbols. The aim is to prevent the commercialisation of religion and to avoid offending the spiritual sensitivities of society.
Examples of Refusal
A trademark containing the word “Allah”, “Muhammad”, or verses from the Qur’an. Use of sacred symbols such as the cross, the crescent with star, or the Star of David in a commercial trademark. Religious monuments or holy site representations (e.g., Kaaba, Hagia Sophia, or Vatican imagery) without proper context.
Purpose of the Rule
This provision exists to:
Protect freedom of religion and respect for belief systems. Prevent sacred values from being exploited for purely commercial gain. Safeguard public order by reducing the risk of religious offence and social conflict.
If Your Trademark Application is Refused: Cure Options and Procedure
If TÜRKPATENT refuses your trademark application under Article 5(1)(h), you have limited options, since the prohibition is absolute:
1. Redesign the Trademark
Remove the religious word, image, or symbol from the application. Refile with a revised sign that does not infringe Article 5(1)(h).
2. Appeal to TÜRKPATENT’s Re-examination and Evaluation Board (YİDK)
Within 2 months, you may argue that the element is not religious in nature but cultural, decorative, or historical. Example: A geometric pattern found in religious architecture may be defended as a cultural motif rather than a religious symbol.
3. Judicial Review (IP Court Litigation)
If YİDK rejects the appeal, you may file a case before the Ankara Civil IP Courts within 2 months. Courts assess whether the refusal is proportionate and whether the symbol is truly religious in context.
Practical Guidance
Avoid Sacred Elements: Do not use religious verses, names, or holy symbols in branding. Cultural vs. Religious Distinction: Some elements (like Ottoman calligraphy or Seljuk motifs) may be argued as cultural heritage instead of strictly religious. Legal Strategy: If in doubt, obtain professional assessment before filing to avoid unnecessary refusals.
Frequently Asked Questions (FAQ)
🔹 Can I register a brand with the word “Allah” or “Muhammad”?
No. Such applications will be rejected under Article 5(1)(h).
🔹 What about using a church, mosque, or synagogue image in my logo?
Generally not allowed. Sacred buildings and religious sites are considered protected symbols.
🔹 Is it possible to argue that a symbol is cultural, not religious?
Yes. For example, certain ornamental motifs may be defended as cultural/historical. However, the burden of proof lies with the applicant.
🔹 Can I appeal the refusal?
Yes, within 2 months before YİDK, and later to the Ankara IP Courts. Success depends on showing that the symbol is not genuinely religious.
✅ If your trademark has been refused due to Article 5(1)(h), don’t give up. With expert legal advice, it may be possible to re-design, appeal, or reframe your application in a way that complies with the law.
📩 Contact: emre@emrekurt.av.tr
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