Registrability Of 3D Trademarks

The Turkish Court of Cassation (the CoC) issued a decision in which the registrability of a 3D medical device trade mark is discussed. This paper aims to provide the details of the matter and to remark upon its importance.

Background

A 3D device trade mark application covering goods in classes 5 and 10 was filed before the Turkish Patent and Trademark Office (the Office) and was rejected as the Office found the application as non-distinctive and descriptive.

Court Phases

The trade mark holder filed an action to cancel the Office's decision rejecting the application with the following arguments:

• The 3D trade mark is not an ordinary device; it is a unique composite shape in which different parts are brought together,