Anlar Grup Editorial Team 3 min read Trademark Registration
Table of contents
What can a trademark be?
Industrial Property Law No. 6769 (SMK) defines a trademark as any kind of sign that distinguishes the goods or services of one undertaking from those of others and that can be represented on the register in a clear and precise manner. A sign may consist of words, including personal names, shapes, colors, letters, numbers, sounds, and the shape of goods or their packaging. This broad definition opens the way for signs other than words and logos to be protected as trademarks. TÜRKPATENT calls these "non-traditional marks" and summarizes the filing requirements on a separate information page.
The key criterion is that the sign can be represented on the register clearly and precisely: others must be able to understand exactly what the protection covers by looking at the register. The requirements below serve this criterion.
Four types of non-traditional marks
| Type | What is required in the application? | Points to note |
|---|---|---|
| Sound mark | A clear statement in the application form that a sound mark is requested, and a recording of the sound suitable for being played and stored electronically | Representation in musical notation is not mandatory; it may be added if possible. Only one sound recording can be submitted for each application. |
| Three-dimensional mark | A statement of the request and representations showing the sign from a single angle or from different angles | The representation may include views from up to six different angles and must not impair the integrity of the mark. |
| Color mark | A statement of the request, an image showing the color, and a color code that the Office accepts as valid | The Office states that valid codes are those obtained from the Pantone color query. If the color is used within a particular shape, figure, picture or word, it is assessed like a figurative mark rather than a color mark. |
| Motion mark | A statement of the request and an image describing the movement, or a sequence of still or moving images | The representations must be prepared so that they do not impair the integrity of the motion mark. |
These headings are based on the summary information on TÜRKPATENT's "Non-Traditional Trademark Types" page; the procedures and principles are regulated in Article 7 of the relevant regulation. For detailed requirements, the current legislation should be consulted.
Distinctiveness and the risk of refusal
For a sign to be registered, it is not enough that it meets the representation requirements; it must also be distinctive. The Law prevents the registration of signs that indicate the kind, quality or nature of goods or services, or that are customarily used in trade, and of shapes that are necessitated solely by a technical result or that result from the nature of the goods. For this reason, a color that is usual for a product, a familiar packaging shape or an ordinary jingle may not be regarded as distinctive. Distinctiveness is also assessed according to the sign's connection with the goods or services covered by the application. A sign that was used before the filing date and, as a result of that use, has acquired distinctive character for the relevant goods or services cannot be refused on these grounds (SMK Art. 5/2); it is therefore important to keep your evidence of use for a color or shape that you have used on the market for a long time.
Preparation checklist
- The right type: The same sign can be filed as different types; decide which one protects your business (for example, only the logo, or the three-dimensional shape of the packaging?).
- Quality of the recording and representation: The sound recording must be single and clear; in a three-dimensional mark, the angles must show the sign completely; in a motion mark, the image sequence must describe the movement in an understandable way.
- Color code: For a color mark, verify the color code with the Pantone query specified by the Office.
- List of goods and services: As with all trademark applications, choosing the Nice classes correctly determines the scope of protection; see our guide to choosing trademark classes and our class guide.
- Preliminary search: Search the official database for similar signs; the steps are set out in our trademark search guide.
- Budget: The application fee is determined by the number of classes, regardless of the type; for current amounts, see our 2026 fee schedule guide.
If you would like to review the file together for a non-traditional trademark application, you can look at our trademark registration service and request a quote.
Sources and date of verification
- TÜRKPATENT — Non-Traditional Trademark Types
- TÜRKPATENT — Trademark Information
- Industrial Property Law No. 6769 (Legislation Information System)
The information was compiled on November 14, 2026; for the exact filing requirements, consult the current regulation and the Office's information pages.
Anlar Grup Editorial Team
This content is for informational purposes only and does not constitute legal advice. For an assessment specific to your application, you can consult our experts for free.
