Distinctive Character Determination Based On Language Is Now A Confirmed Approach In Trademark Law

I. Introduction

Trademark law regulates that the phrase to be registered as a trademark for certain goods and services should not describe the goods and services for which the phrase will be registered. The reason behind this fundamental understanding is that any trademark registration provides an untouchable territory for its proprietor, meaning that the registered phrase would be allocated to its owner for trademark-related uses on the goods and services that are in the scope of the trademark until the trademark protection is over. Accordingly, the descriptive words for certain goods and services are not allowed to be registered for related goods and services to have them not allocated for a singular proprietor. The distinctive character, or descriptiveness from a different point of view, of the phrase "süzme" (cottage cheese, in English) for milk and dairy products has been a long-standing issue before courts and the Turkish Patent and Trademark