Signs That Can or Cannot Be Trademarks
Signs That Cannot Be Registered as Trademarks
For a sign to be registered as a trademark, it must meet certain criteria. Under the Industrial Property Law No. 6769, some signs cannot be registered as trademarks.
Trademarks and Signs That Cannot Be Registered
1️⃣ Signs that do not meet the definition of a trademark
Signs that do not fall within the scope of a trademark as defined in Article 5 of the law cannot be registered.
2️⃣ Previously registered or applied-for similar trademarks
Signs that are identical or indistinguishable from a previously registered or applied-for trademark will be rejected.
3️⃣ Signs indicating the nature of the product or service
Signs that indicate the type, kind, quality, quantity, value, or geographical origin of a product or service cannot be registered.
4️⃣ Names and signs commonly used in the industry
Names and signs used by everyone in commerce or that belong to a specific profession, art, or trade group cannot be registered as trademarks.
5️⃣ Trademarks containing the shape inherent to the product
Shapes resulting from the natural form of the product or used due to technical necessity cannot be registered as trademarks.
6️⃣ Misleading signs
Signs that mislead consumers regarding the nature, quality, or place of production of the product cannot be registered as trademarks.
7️⃣ Signs without permission from the competent authorities
Signs that have not been authorized by the competent authorities, in accordance with Article 6 of the Paris Convention, cannot be registered as trademarks.
8️⃣ Signs containing public and historical values
Signs containing public historical and cultural values, official emblems, and insignia cannot be registered without permission from the relevant authorities.
9️⃣ Signs resembling well-known trademarks
Signs that resemble well-known trademarks without the consent of the trademark owner cannot be registered, as stated in Article 6 of the Paris Convention.
? Signs containing religious values
Signs containing religious symbols and values are not accepted as trademarks.
1️⃣ 1️⃣ Trademarks contrary to public order and general morality
Trademarks that harm public morals and public order cannot be registered.
Exceptions and Special Cases
✅ Trademarks used before the registration date and that have acquired distinctiveness
If a trademark has acquired distinctiveness in the market before registration, it cannot be rejected under subparagraphs (a), (c), and (d).
✅ Trade names and trademark registration
Even if trade names are registered under other laws, they are not considered trademarks unless registered as such.
✅ Natural and legal persons can apply for multiple trademarks.
✅ Trademark applications can be made in the following categories:
- Commercial trademark
- Service trademark
- Certification trademark
- Collective trademark
A single application must be made for only one type of trademark.