The obstacles to the registration of trademark law

In the first part, the basic concepts related to trademark are introduced. Within this context, the historical development of trademark law in the world and in Turkey, the definition, elements, functions and varieties of trademark are detailed. In the second part, firstly, the steps for the registration of trademark are mentioned and then the causes that impede the registration of trademark are studied. In this part, based on the classification system adopted by the Statutory Decree no. 556, the absolute obstacles outlined in article 7 and relative obstacles outlined in article 8 are described fully under different subtitles. In this framework, applications for trademark within the context of the provisions considered automatically by the Turkish Patent Institute in accordance with article 7 of the Statutory Decree no. 556, during the phase of registration as well as after the registration. Additionally, the evaluation made by the Turkish Patent Institute upon the objection by the relevant people and the possibilities for protection through litigation after this evaluation have also been reviewed. In this study, each obstacle has been reviewed in the light of international conventions signed by Turkey, national legislation, domestic and foreign doctrine as well as the views of majority and minority and the decisions of the Supreme Court. Some conclusions have been achieved about the obstacles to the registration of trademarks in accordance with the views that comply with ours through studying all different views on conflicting issues. 115 In the third and last part of the study, the legal status of the marks with no registration has been studied. In this context, the extent of protection under the Statutory Decree no. 556 has been studied and the provisions setting the unjust competition under the general provisions of the Turkish Trade Law and their protection these marks has been reviewed. Moreover, the provisions in the Draft Turkish Trade Law have also been studied as this Draft is on the agenda. Some conclusions have been derived in the light of these provisions. In the conclusion part of the study, the legal conclusions that have been derived within the context of the considerations are stated. Keywords 1. Trademark 2. Trademark Law 3. Registration 4. Obstacles to the registration of trademarks 5. To give rise to confusion