Written by: Lex Protector|November 25, 2024
The Turkish Olympic shooter Yusuf Dikec applied for his globally viral pose of a relaxed stance with one hand in his pocket and no elaborate equipment for shooting to be trademarked however, still unclear whether the trademark application for the stance would be a figurative mark, motion mark or an image mark. Even though the application procedure is the same for all marks, different marks provide different kinds of protection and benefits.
The application was filed to prevent others from using his image commercially over products not associated with him. It was observed that people have already applied for the famous pose to be trademarked to receive profits and have started using the pose on products like mugs and t-shirts. Such trademark applications made in bad faith by non-owners are common stunts in Turkey to the extent that rightful owners sometimes are unable to trademark their mark.
So far two applications have already been detected on the Turkish Patent and Trademark Office’s online database, however, since the applications are not published the applicant’s names are unknown. These applications include Yusuf Dikec’s name with his drawing or an image without the gun but making his hand like a gun. The application with the drawing was provisionally rejected by the office because it was against public order and morality, mostly due to the gun’s visual. The decision is not final and can be appealed before the Re-examination and Evaluation Board. The other application which is believed to be of Yusuf Dikec himself is under 1st examination. Once the ex-officio examination is passed, the applicant’s name will be made available to the public.
The Attorney handling the matter stated that registering photos of individuals as trademarks can be challenging due to concerns about distinctiveness. While there are precedents for such registrations, the individual’s trademark application should ultimately be successful. However, if the registration is limited to the photo alone, without including the accompanying motion, the level of protection will be narrow. In such a case, the Turkish Patent and Trademark Office and courts will scrutinize any potential similarities closely. The lawyer emphasized that the essential and protectable element is the stance or movement, not merely the photo. Furthermore, including the celebrity’s name in the application could further narrow the scope of protection, making it harder to prevent others from using similar stances or postures.
