Certification mark and halal certification in Turkish law

Trademark is a sign that distinguishes a good or service from other goods or services. Therefore, the trademark adds character to the product on which it is placed. In the Industrial Property Law no 6769, trademarks showing the common features and production methods of goods or services are regulated as certification marks. The certification mark, can be used by everyone except the certification mark owner. Certification mark differs from other trademark types in this respect in the trademark law theory where distinctiveness is centered. In this study, the place of the certification mark in the trademark law has been tried to be determined. While doing this determination, the relationship of the certification mark with similar concepts and the aspects of it are revealed. Provisions regarding the registration and protection of trademarks are handled separately in terms of certification mark, taking into account the purpose of use and differences from other trademarks. While making all these evaluations, the principles taken as basis in the examination of the trademarks in terms of the registration process and absolute and relative grounds for refusal were taken into consideration. In the last part of our thesis, the concept of halal certification is discussed specifically for the certification mark. The halal certificate, which shows that a good or service complies with Islamic rules, is used on many goods or services in practice. However, this use takes place with the individual declaration of the manufacturer or according to the rules determined by the third parties. In practice, it has been observed that the "halal" mark is registered as a goods or service trademark with different elements. However, although the use of the "halal" mark is very common, its legal basis has not yet been formed in our law. For this reason, in our thesis, "halal" mark has been examined within the scope of the certification mark in order to establish the legal basis. During this examination, it has been determined how religious values and symbols, which are among the absolute grounds for refusal, will find application. In addition, solutions have been presented regarding the conditions under which the halal, which is an abstract concept due to its nature, can be registered as a certification mark.