NEWSLETTER-2019-metin

267 INTELLECTUAL PROPERTY LAW rotary electric shaver since the shape is mandatory to obtain a techni- cal result 4 . Article 5/1-f of the IPC regulates that ‘Signs that would deceive the public, for instance, as to the nature, quality or geographical origin of the goods or services’ shall not be registered as trademarks. For example, the Supreme Court decided that ‘MUSLIMEK’ sign is deceptive since the goods do not include any muesli 5 . According to Article 5/1-g of the IPC, ‘Signs that shall be refused pursuant to Article 6ter of the Paris Convention ’ cannot be registered as trademarks. According to this provision, flags, pennants and similar sovereign marks belonging to the Union countries or logos, names and abbreviations of the international organizations to which the Union countries are members (such as WHO and UNICEF) cannot be regis- tered as trademarks. Article 5/1-ğ of the IPC is complementary to Article 5/1-g of the IPC and states that ‘ Signs other than those covered by Article 6ter of the Paris Convention , but which are of public interest, and that con- tain historical, cultural values, and emblems, badges or escutcheons, for which the consent of the competent authority has not been given’ shall not be registered as trademarks. For example, the trademark application ‘ATATÜRK’ filed by two foreigners was accepted by the EUIPO; however, afterwards, with the opposition of the Turkish Republic, the trademark registration was canceled due to the deep love and respect of the Turkish society for Atatürk 6 . In addition, while Article 5/1-h of the IPC regulates that ‘ Signs that contain religious values or symbols ’ (such as the Koran, Mosque, Jesus) cannot be registered as trademarks, Article 5/1-ı states that ‘ Signs that are contrary to public policy or to accepted principles of morality’ shall not be registered as trademarks. Indeed, the EUIPO 4 Koninklijke Philips Electronics NV v. Remington Consumer Products Ltd., and another [2006] EWCA Civ. 16 (26 Jan 2006). 5 11. CC, E. 2009/14416, K. 2011/8693, 12.07.2011. 6 OHIM R 2613/2011-2 decision.