Trademark’s Acquired Distinctiveness Through Use

Acquired Distinctiveness through Use

The absolute grounds required to refuse the registration of a trademark are defined by Article 7/1 of the Decree Law on Protection of Trademarks ("Decree Law No. 556"). Pursuant to the aforementioned grounds, an exception exists for the refusal of a trademark registration under these circumstances:

• Lack of distinctiveness (7/1(a))
• Descriptiveness (7/1(c))
• Common use in trade (7/1(d))

In accordance with Article 7/2 of Decree Law No. 556, registration of a trademark cannot be refused if it has been used before the registry date and has acquired distinctiveness through such use regarding the goods and services subject to registry as per clauses 7/1(a), 7/1(c) and 7/1(d).