The ELECTRIC PLAYGROUND Case: A Controversial Approach To Descriptiveness And Distinctiveness

• ELECTRIC PLAYGROUND was found descriptive and devoid of distinctiveness in Türkiye, but was registered as a trademark for the same services in the US
• The approach adopted by the Turkish IP Office and courts was arguably excessive and disproportionate
• The application was refused for sports, culture and entertainment services in Class 41

A recent IP case has evaluated the descriptiveness and distinctive character of English-language word marks with respect to Turkish consumers

Background

The plaintiff applied to the Turkish IP Office to register the following mark in Class 41:

The application was partially refused for sports, culture and entertainment services in Class 41 due to its descriptiveness and lack of distinctive character. Further to the applicant's appeal, the Higher Board within the IP Office sustained the partial provisional refusal.