August 26, 2004

By Berrin Kalenderli, Patent and Trademark Attorney

The distinctiveness acquired through use does not provide the right to claim the registration of a trademark application rejected on the basis of similarity anymore.

According to the recent amendment to last paragraph Article 7 of the Decree Law No. 556, the by the Law No. 5194 dated 22.06.2004, it is not possible to anymore claim the registration of a trademark application which has been rejected by the Turkish Patent Institute due to a prior similar/identical trademark on grounds of Article 7/b of the same Decree-Law.