Evaluation of the Colour Combination Trademarks in the Trademark Examination Guideline

Evaluation of the Colour Combination Trademarks in the Trademark Examination Guideline

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The new version of the Trademark Examination Guideline (“Guideline”) has been published by Turkish Patent and Trademark Office (“TURKPATENT”) on September 30, 2019 and replaced the previous version published in 2015. You may access the full text in Turkish here.

The Guideline sets forth many criteria for the application of colour combination trademarks as well as their registry.

Application and Demonstration on the Registry

The distinctiveness criteria of colour combination trademark not having physical figure and external line is substantially identified with the way the colours presented and the possible usage within the relevant sectors. Furthermore, the criteria of “clarity, certainty, singularity, accessibility, durability and objectivity” for single colour trademark application will also apply for the colour combination trademarks.

In order to be able to demonstrate a colour combination trademark on the registry, there are two requirements which need to be met while applying for the registration:

  1. sample of the mark combining the colours in a predetermined and uniform way
  2. indication of the colour code accepted by the TURKPATENT. This colour code can be accessed here

The applicant may also include detailed information regarding the colour combination, but it is not a pre-requisite.

The subject of protection provided to the applicant of trademark of colour combination has to be clearly and accurately seen on the registry.  In the event that the indication of the colour combination is not clear and uniform, it may raise questions with regards to the scope of the trademark protection. Furthermore, since the scope of the protection for these types of trademarks is determined based on the indication, the additional explanations regarding the application shall be consistent with the indication.

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