Article 5 - Absolute grounds for refusal in trademark registration
(1) The following signs set out below shall not be registered as trademark:
a) Signs which may not be trademark according to Article 4;
b) Signs which are devoid of any distinctive character;
c) Signs which consist exclusively or includes as an essential element of signs or indications which serve in trade to designate the kind, type, characteristics, quality, quantity, intended purpose, value, geographical origin, or the time of production of goods or of rendering of the services or other characteristics of goods or services,
ç) Signs which are identical to or indistinguishably similar to a trademark, which has been registered or which has been applied for registration, relating to identical goods and services or to goods and services of the identical type,
d) Signs which consist exclusively or includes as an essential element of signs or indications used by everyone in the trade area or which serves to distinguish members of a particular professional, vocational or commercial group from others.
e) Signs which consist exclusively of the shape or another characteristic which results from the nature of the goods themselves or the shape or other characteristics which is mandatory to obtain a technical result or gives substantial value to the goods;
f) Signs which would deceive the public, for instance, as to the nature, quality or geographical origin of the goods or service;
g) Signs which shall be refused pursuant to Article 6ter of the Paris Convention;
ğ) Signs other than those covered by Article 6ter of the Paris Convention but which are of public interest, and which contain historical, cultural values, and emblems, badges or escutcheons for which the consent of the competent authority has not been given,
h) Signs that contain religious values or symbols;
ı) Signs which are contrary to public policy or to accepted principles of morality;
i) Signs which consist of a registered geographical sign or which contain a registered geographical sign.
(2) If a trademark has been used before the application, and through this use, has acquired distinctive character in respect of the goods and services subject to the application, the registration of this trademark may not be refused in accordance with subparagraphs (b), (c) and (d) of the first paragraph.
(3) A trademark application may not be refused according to subparagraph (ç) of the first paragraph if a notarial document indicating the clear consent of the prior trademark proprietor for the registration of the application is submitted to the Office. Procedure and rules regarding the letter of consent shall be determined by regulation.