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ARTICLE · 28 JUNE 2023

PTO Issues Important Decision On Distinctiveness Of Trademarks Consisting Of Device Element And Descriptive Words

Gün + Partners
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Gün + Partners

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The Re-examination and Evaluation Board (REEB) of the Turkish Patent and Trademark Office (PTO) has overturned a first-instance decision issued by the Trademarks Directorate...

TurkeyIntellectual Property
  • The Trademarks Directorate refused an application for a mark consisting of a device and the phrase 'Clinical Trial Center' due to a lack of distinctiveness
  • The REEB upheld the applicant's appeal, concluding that the phrase was not the main element of the mark
  • The device element was sufficient to render the mark distinctive

The Re-examination and Evaluation Board (REEB) of the Turkish Patent and Trademark Office (PTO) has overturned a first-instance decision issued by the Trademarks Directorate and allowed registration of a composite mark consisting of a device element followed by descriptive words.

Background

Clinical Trial Center Srl applied for the registration of the mark depicted below for services in Classes 42 and 44:

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