# Why Are Trademark Applications Refused? > Why are trademark applications refused? Absolute grounds under Article 5 and relative grounds under Article 6, which are raised ex officio, and how to avoid refusal. - Canonical: https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused - Language: en - Last updated: 2026-08-20 - Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/) _Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._ --- Trademark applications are refused through **two separate channels**, and knowing which one you are facing determines what you can do about it: - **Absolute grounds (Article 5)** — TÜRKPATENT examines these of its own motion, even if nobody objects. They arise from the mark itself. - **Relative grounds (Article 6)** — these protect earlier right holders and are, as a rule, assessed only *upon opposition*. They arise from somebody else's right. The distinction matters: absolute grounds cannot be overcome without changing the mark, whereas relative grounds may be resolved through consent, narrowing the scope, or a proof-of-use request. ## Absolute Grounds (Article 5) ### 1. Lack of distinctive character A mark must be capable of distinguishing one undertaking's goods and services from another's. A single letter, a simple geometric shape, a common colour or an ordinary word does not perform that function on its own. ### 2. Descriptiveness Signs that **directly indicate** the kind, type, quality, quantity, purpose, value or geographical origin of goods in trade cannot be registered. "Fresh Bread" for a bakery, "Fast Delivery" for a courier company fall within this. This is among the most frequent grounds, because businesses naturally prefer names that say what they do. The remedy is usually to add a distinctive word or an original figurative element. ### 3. Identical or indistinguishably similar earlier mark Where an identical or indistinguishably similar mark is already registered or applied for in respect of identical or identical-type goods and services, TÜRKPATENT identifies this **of its own motion** and refuses. This ground sits within Article 5 and requires no opposition. The threshold here is high: "indistinguishably similar" means near identity. Lower degrees of similarity are assessed under Article 6, and only upon opposition. ### 4. Signs used commonly in trade Signs that serve to distinguish members of a particular profession, craft or trade, or that have become customary in the sector, cannot be registered. ### 5. Shapes resulting from the nature of the goods or giving substantial value Shapes resulting from the nature of the goods themselves, necessary to obtain a technical result, or giving substantial value to the goods cannot be protected as trademarks — these belong to patent or design protection. The differences are set out in [Trademark, Patent, Design or Utility Model?](https://www.webx.net.tr/en/blog/trademark-vs-patent-design-and-utility-model) ### 6. Deceptiveness Signs liable to deceive the public as to the nature, quality or geographical origin of the goods or services are refused. Using "Italian" for a product not made in Italy falls within this. ### 7. Contrary to public order or accepted principles of morality ### 8. Protected emblems Applications containing state emblems, flags, official control and warranty signs, religious values and symbols, or registered geographical indications are refused. ## Relative Grounds (Article 6) These grounds are, as a rule, examined **only if an opposition is filed**. TÜRKPATENT does not search for them of its own motion — a point many applicants misread: "the Office examined it and it passed" does not mean there is no similar mark. ### Likelihood of confusion (Article 6/1) The most common ground of opposition. Two conditions are required together: similarity of the signs, and identity or similarity of the goods and services. The criteria are set out in [Likelihood of Confusion](https://www.webx.net.tr/en/blog/likelihood-of-confusion-in-trademark-law); whether similarity alone suffices for refusal is discussed in [Can a Similar Trademark Cause Refusal?](https://www.webx.net.tr/en/blog/can-a-similar-trademark-cause-refusal) ### Application by a commercial agent or representative Applications filed in the name of a commercial agent or representative without the proprietor's authorisation are refused upon opposition. ### Earlier rights Where an earlier right exists over an unregistered mark or another sign used in trade, that right holder may oppose. The relationship between trade names and trademarks is explained in [Trade Name, Business Name and Trademark](https://www.webx.net.tr/en/blog/trade-name-business-name-and-trademark-differences). ### Well-known marks Where, because of the level of recognition reached in Türkiye, use would take unfair advantage of or be detrimental to the mark's repute even for different goods and services, this is a ground of opposition. ### Personality rights, copyright and other IP rights Applications containing another person's name, photograph, copyright or registered design may be refused upon the right holder's opposition. ### Bad faith ## Which Ground Comes Through Which Channel? | Ground | Basis | How it arises | Can it be overcome? | | --- | --- | --- | --- | | Lack of distinctiveness | Art. 5 | Ex officio | By proving distinctiveness acquired through use | | Descriptiveness | Art. 5 | Ex officio | With a distinctive addition; otherwise a name change | | Indistinguishable similarity | Art. 5 | Ex officio | By letter of consent | | Deceptiveness, public order | Art. 5 | Ex officio | As a rule, no | | Likelihood of confusion | Art. 6 | Upon opposition | Observations, proof-of-use request, narrowing, consent | | Earlier rights, reputation | Art. 6 | Upon opposition | With evidence and observations | ## How to Avoid Refusal 1. **Search before you file.** A [trademark availability search](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search) covering both identical and visually or phonetically close marks shows the risk from both channels before any fee is paid. 2. **Avoid descriptive names.** A name that says what you sell is attractive in marketing and weak in law. Build a distinctive core word. 3. **Keep the scope realistic.** Unnecessary classes bring the risk of clashing with marks in those classes. [Class selection](https://www.webx.net.tr/en/blog/trademark-classes-and-nice-classification) is part of risk management. 4. **Assess consent early.** If commercial agreement with the blocking proprietor is possible, that is the shortest route: [Registration with a Letter of Consent](https://www.webx.net.tr/en/blog/trademark-registration-with-a-letter-of-consent). 5. **Apply a legal filter when choosing the name.** See [How to Choose a Brand Name](https://www.webx.net.tr/en/blog/how-to-choose-a-brand-name). ## If You Have Been Refused A refusal is not the end of the process. An appeal may be filed with the Office within **two months** of notification (Article 20), and is examined by the Re-examination and Evaluation Board. If the Board also rules against you, an action for annulment may be brought before the Ankara Civil Court for Intellectual and Industrial Property Rights within two months of notification. The process step by step: [My Trademark Application Was Refused — What Now?](https://www.webx.net.tr/en/blog/how-to-appeal-a-trademark-refusal) ## Move Forward Without Risking Your Application Most grounds of refusal are visible in an assessment carried out before filing. Share your brand name and field of activity, and our [trademark registration](https://www.webx.net.tr/en/hizmetler/marka-tescil) team will report both absolute and relative risk before you file. ## Frequently Asked Questions ### What is the most common reason for refusal? The two most frequent grounds are the existence of an identical or indistinguishably similar earlier mark (Article 5/1-ç) and the name directly describing the product (descriptiveness, Article 5/1-c). Both are identified by TÜRKPATENT of its own motion. ### What is the difference between absolute and relative grounds? Absolute grounds (Article 5) concern the public interest and are examined by TÜRKPATENT of its own motion, even where nobody objects. Relative grounds (Article 6) protect earlier right holders and are, as a rule, assessed only upon opposition. ### If my application is refused, are the fees refunded? No. The application fee is charged for the examination and is not refunded on refusal. This is one of the main reasons a pre-filing search pays for itself. ### What does a descriptive mark mean? A sign that directly indicates the kind, type, quality, quantity, purpose, value or geographical origin of the goods in trade. "Fresh Bread" for a bakery or "Fast Delivery" for a courier is descriptive and cannot be registered on its own. ### Can I appeal a refusal? Yes. An appeal may be filed with TÜRKPATENT in writing, with reasons, within two months of notification of the decision (Article 20). It is examined by the Re-examination and Evaluation Board. ### What is a partial refusal? A refusal covering only some of the goods and services rather than the entire application. The remaining scope continues through the registration process. Partial refusal is a common outcome where an opposition is aimed at particular classes. ## Related Resources - [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate. - [Legal Protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma): Explains attorney support for bulletin oppositions, appeals against refusals, counter-statements and trademark infringement cases. - [My Trademark Application Was Refused — What Now?](https://www.webx.net.tr/en/blog/how-to-appeal-a-trademark-refusal): If your trademark application was refused you have two months to appeal. The Board process, arguments that work, consent, and the court stage. - [Can a Similar Trademark Cause Refusal?](https://www.webx.net.tr/en/blog/can-a-similar-trademark-cause-refusal): Is a similar mark always a ground for refusal? What the Office refuses of its own motion, what needs an opposition, and how to register anyway. - [What Is Likelihood of Confusion? How Trademark Similarity Is Assessed](https://www.webx.net.tr/en/blog/likelihood-of-confusion-in-trademark-law): What is likelihood of confusion in trademark law? Visual, phonetic and conceptual similarity, goods/services overlap, and the average-consumer test explained. - [How to Do a Trademark Search](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search): How do you search a trademark? The steps for searching TÜRKPATENT records free of charge, what a similarity search must actually cover, and how to read the result. - [How to Prepare an Evidence File for Trademark Proof of Use](https://www.webx.net.tr/en/blog/trademark-proof-of-use-evidence): Trademark proof of use in Turkey: which evidence counts, which five years apply, how to organize the file. A step-by-step guide for opposition and revocation. - [Acquired Distinctiveness Through Use: Can a Descriptive Mark Be Registered?](https://www.webx.net.tr/en/blog/acquired-distinctiveness-through-use): Can a descriptive trademark be registered in Turkey through acquired distinctiveness? SMK Article 5(2) conditions, timing, evidence and how to build the file.