Under Turkish trademark law, Article 5(1)(ğ) of the Industrial Property Code provides that certain signs cannot be registered as trademarks:
“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.”
What Does This Mean?
While Article 6ter of the Paris Convention protects official state symbols such as flags, coats of arms, and emblems, Turkish law goes further. It also prohibits the registration of public interest signs that carry historical or cultural value, unless the competent public authority grants explicit consent.
Examples of Refusal
The Presidency’s Beştepe emblem, municipal coats of arms, or university logos. The fleur-de-lis in France, recognised as a cultural and historical emblem. National monuments such as the Çanakkale Martyrs’ Memorial or the Topkapı Palace silhouette, which hold strong historical and cultural significance.
Purpose of the Rule
This rule exists to:
Prevent monopolisation of public heritage symbols by private parties. Ensure that historical, cultural, and social values remain accessible to the public. Protect emblems and badges that are perceived as part of the collective identity of society.
If Your Trademark Application is Refused: Cure Options and Procedure
If TÜRKPATENT refuses your trademark application based on Article 5(1)(ğ), you still have several options:
1. Request Consent from the Competent Authority
If your sign includes an emblem, badge, or cultural symbol belonging to a public body (e.g., a municipality, university, or ministry), you can apply to that authority for written consent. If granted, this consent can be submitted to TÜRKPATENT to overcome the refusal.
2. File an Appeal Before TÜRKPATENT’s Re-examination and Evaluation Board (YİDK)
Within 2 months of receiving the refusal decision, you may file an appeal. In your appeal, you may argue that the sign does not in fact fall within Article 5(1)(ğ), for example: It has no official/public authority connection. It is widely used in commerce in a non-political, descriptive, or decorative sense.
3. Judicial Review (IP Court Litigation)
If YİDK upholds the refusal, you may file a lawsuit before the Ankara Civil IP Courts within 2 months. The court will review whether the refusal was lawful, considering both the cultural/public interest aspect and the possibility of legitimate commercial use.
Practical Guidance
Early Legal Assessment: Before filing, examine whether your sign includes protected cultural or emblematic elements. Negotiation with Authorities: If your branding strategy genuinely requires use of such symbols, be prepared to engage with the relevant public authority. Alternative Branding: Consider modifying the design to remove protected elements while keeping brand identity intact.
Frequently Asked Questions (FAQ)
🔹 Can I register a municipal logo as my trademark?
No. Municipal logos, university emblems, and other public authority signs fall under Article 5(1)(ğ). They cannot be registered unless you obtain written consent from the relevant authority.
🔹 Is it possible to trademark a cultural or historical symbol?
Generally, no. If the symbol has strong public interest or heritage value (such as a national monument, historical emblem, or traditional symbol), it will likely be refused. However, if the use is stylised and does not directly misappropriate the protected symbol, exceptions may be argued.
🔹 How much time do I have to appeal a refusal decision?
You have 2 months from the notification date to file an appeal before the Re-examination and Evaluation Board (YİDK) of TÜRKPATENT.
🔹 What happens if YİDK rejects my appeal?
You may file a lawsuit before the Ankara Civil IP Courts within 2 months of the YİDK decision. Judicial review is the final domestic remedy against refusal decisions.
🔹 Can I fix (cure) the refusal by redesigning my mark?
Yes. If the problematic element (e.g., a state emblem or cultural symbol) is removed or replaced, you may refile the application with a revised design that no longer falls under Article 5(1)(ğ).
✅ If your trademark has been refused due to Article 5(1)(ğ), you don’t have to abandon your brand. There are legal strategies to challenge or cure the refusal.
📩 Contact: emre@emrekurt.av.tr
📱 WhatsApp: +90 551 942 20 34
🔖 Hashtags
#TrademarkLaw #IntellectualProperty #IndustrialPropertyCode #TrademarkRefusal #PublicInterest #CulturalHeritage #BrandProtection #ParisConvention #IPLaw #EmreKurt