Turkey jurisdiction report: Keeping the classes clear

Since classification of goods/services varies depending on the material, purpose, function, shape, etc, the TPTO needs to obtain an explicit and understandable/comprehensible expression of a good/service to allocate it to the correct class.

If the TPTO finds some goods/services in the list vague, the applicant can replace them with particular ones or can use supportive phrases such as “namely”, “especially”, or “notably” to make them clearer, and sometimes can even state only whether it is meant to be a substance/preparation. Since the solutions are not limited, the optimum one should be found in each case.

The TPTO’s procedure to ask for explanations differs in national and international applications:

When national applications are filed, first they are conveyed to the classification department. The examiners there send official letters asking for explanations for the vague goods/services. An explanation can be submitted without paying any official fees.

International applications are directly conveyed to the examiners to be examined from the point of absolute grounds. These examiners do not ask for explanation from the applicants for vague goods and/or services but reject the application for them. In this case, the applicant needs to appeal against the provisional refusal by indicating the necessary explanation where an official fee has to be paid.

The TPTO acts in that way for international filings because it has the authority only to either accept the lists sent from WIPO as they are, or reject the application entirely/partially for goods/services if the examiner in charge thinks that those goods/services are vague.