Legal Text
Signs which shall be refused pursuant to Article 6ter of the Paris Convention.
🔹 What Does This Mean?
Under Article 6ter of the Paris Convention, certain symbols and emblems are given special protection. These include:
State flags, coats of arms, and other official symbols of States that are party to the Convention. Official signs and hallmarks indicating control and warranty adopted by them. Emblems of intergovernmental organizations (such as the UN, WHO, WIPO, etc.).
These cannot be registered as trademarks by private persons or companies, unless authorised by the competent authority.
🔹 Purpose of This Rule
The goal is to prevent misleading associations and abuse of state authority symbols. Allowing private companies to monopolize such emblems would create confusion, disrespect state sovereignty, and damage public trust.
🔹 Examples
❌ A company applying for a trademark showing the United Nations emblem without permission.
❌ A clothing brand trying to register the Turkish flag as a logo.
❌ A watch manufacturer attempting to trademark an official hallmark used for precious metals.
✅ Exceptions may apply if the use is authorised by the state or organization concerned.
🔹 Practice in Turkey & the EU
Turkey (IPC Article 5/1-h): Mirrors the Paris Convention, prohibiting registration of these protected signs. EU (EUTMR Article 7(1)(h)): Similar rule — absolute refusal if the mark consists of or imitates these emblems, unless permission is granted.
🔹 How to Overcome Refusal?
Provide written authorisation from the competent authority or organization. Demonstrate that the sign is not identical or misleadingly similar to the protected emblem. In practice, however, refusals under this ground are very strict and rarely overcome without formal authorisation.
🔹 FAQ
Q: Can I use my country’s flag as part of my brand logo?
👉 Generally no, unless official permission is granted.
Q: What if my design only uses similar colors or shapes to a flag?
👉 If it creates an association with the official emblem, it will likely be refused.
Q: Does this cover Olympic symbols?
👉 Yes — Olympic symbols are protected under the Nairobi Treaty and national laws.
📩 For tailored advice on trademark refusals and overcoming objections:
Email: emre@emrekurt.av.tr
WhatsApp: +90 551 942 20 34