Why Is a Trademark Application Refused? Grounds for Refusal

Why are trademark applications rejected?

Under Industrial Property Law No. 6769 (SMK), a trademark application can be refused on two main groups of grounds: absolute grounds for refusal and relative grounds for refusal. Knowing the difference is essential, both when preparing an application and when deciding on the right next step after a refusal or an opposition.

What are the absolute grounds for refusal?

Absolute grounds arise from the nature of the sign itself, so no conflict with another trademark is required. The main examples are as follows:

• Lack of distinctiveness: A sign that cannot distinguish one business's goods or services from those of others cannot be registered. Simple geometric shapes and ordinary letters and numbers are examples.
• Descriptiveness: Signs that directly describe the kind, type, quality, quantity, intended purpose or geographical origin of a product run into an obstacle. For example, if a company selling bread chose the trademark "Fresh Bread," it could be considered descriptive.
• Common use in trade: Generic words and signs that everyone in the sector uses are not reserved for a single person.
• Deceptiveness: Signs that are likely to mislead the public about the nature, origin or type of a product cannot be registered.
• Contrary to public order and morality: Signs that go against society's general values or are offensive are refused.
• Official and public symbols: Elements such as state coats of arms, flags and official institution emblems cannot be registered as trademarks without authorization.
• Conflict with geographical indications: Signs that wrongfully use a registered geographical indication, or that take advantage of its reputation, may run into an obstacle.

There is one important exception: some absolute grounds can be overcome if the sign has acquired distinctiveness through use. This requires submitting documents that prove intensive, long-term use.

How is distinctiveness assessed?

Signs fall along a spectrum in terms of distinctiveness. The strongest are invented (fanciful) words. Next come names that are suggestive but do not directly describe the product. Expressions that plainly describe the product are in the weak category, which often cannot be registered. A practical rule of thumb: if the name describes the product itself, it is risky; if it offers an association with the product or a completely original structure, it is safer. Keeping this spectrum in mind when choosing a trademark reduces legal battles later on.

What are the relative grounds for refusal?

Relative grounds arise from a conflict with someone else's earlier right. The Office does not examine them ex officio; the owner of the earlier trademark raises them by filing an opposition after publication or through other relevant routes. The main examples are:

• Identical or similar trademark: If a sign identical or similar to a trademark that was registered or applied for earlier is filed for identical or similar goods or services, there is a likelihood of confusion.
• Relationship with well-known trademarks: The possibility of unfairly taking advantage of the reputation of a very well-known trademark, or of harming it, can come up even in different classes.
• Filing by an agent or representative: If the trademark owner's commercial representative or agent files the trademark in their own name without the owner's permission, this creates an obstacle.
• Other earlier rights: Earlier rights such as a trade name, a personal name or authorship of a work can also be asserted in a specific case.

How is trademark similarity measured?

Similarity is not simply a side-by-side visual comparison of two signs. The overall impression is the starting point, and three dimensions are assessed together:

• Visual similarity: The arrangement of letters, the logo shape, color and typeface.
• Phonetic similarity: Pronunciation and stress; names that sound the same even if they are spelled differently.
• Conceptual similarity: Words that evoke the same concept, and equivalents in other languages.

In this assessment, the similarity of the goods and services also matters. Products that address the same customer base and complement one another can be considered similar even if they fall in different classes. Therefore, a search should not be limited to the same class alone.

What is bad faith, and how does it show itself?

Bad faith means filing a trademark with the aim of unfairly taking advantage of someone else's effort, blocking a competitor, or later selling the trademark at a high price. For example, filing for a trademark known abroad after noticing that it has not yet been registered in Türkiye, or registering in your own name the trademark of a company you have a business relationship with, can be regarded as evidence of bad faith. Bad faith is proven on a case-by-case basis and rests on evidence; a mere allegation is not enough.

Hypothetical example scenarios

The examples below do not describe a real application; they are situations invented to explain the principles:

• Scenario 1: A bakery applies for its trademark as "Hot Bread." Because the sign directly describes the product, the risk of refusal on grounds of distinctiveness and descriptiveness is high. Adding an original name or figurative element can reduce the risk.
• Scenario 2: A cosmetics start-up chooses a name whose spelling differs by one letter from a trademark previously registered in the same field. Because of the similarity in pronunciation, the earlier rights holder may file an opposition. This risk may arise not in the Office's examination but in an opposition after publication.
• Scenario 3: A product that contains no natural ingredients is given the name "Pure Nature." Because of the possibility of misleading consumers about the nature of the product, the sign may face an absolute ground for refusal.

The common point in all three examples is that the problem could have been noticed before filing.

What should you do if a refusal decision arrives?

1. Read the grounds for refusal carefully and determine whether they are absolute or relative.
2. Mark the time limit stated in the legislation on your calendar; if the deadline is missed, the routes to challenge the decision may close.
3. Depending on the grounds, consider options such as narrowing the list of goods and services, submitting documents showing acquired distinctiveness through use, or submitting written arguments in response.
4. If the trademark is of high commercial importance, also consider filing again with a strengthened mark.

For the opposition side, see our article on how to file a trademark opposition.

What can be done to reduce the risk of refusal?

• Choose a fanciful name or one with an original association.
• Before filing, run a similarity search in both the same and related classes.
• Make sure the trademark does not directly describe the kind of product.
• Do not use words that are misleading about the nature of the product.
• Write the list of goods and services according to actual use, without overreaching.
• Stay away from elements such as official symbols, flags and public authority emblems.

Note: A search reduces the risk of refusal, but it does not eliminate it. The Office's assessment and the position of third parties cannot be known with certainty in advance; therefore, treat any promise of a "registration guarantee" with caution.

Conclusion

A trademark application can be refused either because of the nature of the sign itself (absolute grounds) or because of someone else's earlier right (relative grounds). The Office examines the first group ex officio, while the second group comes up through opposition. The way to see both risks before filing is a comprehensive search and the right choice of name. To learn the process from the ground up, you can read our article on what trademark registration is and how it is done; to see the similarity risk before filing, you can look at our trademark research and search service or contact us through the quote form.