Trademark Opposition

Trademark applications that pass TÜRKPATENT’s examination are published in the Official Trademark Bulletin. Within two months of publication, interested parties may file an opposition arguing that the application should be refused (IPL Article 18). The opposition must be in writing and reasoned, and the fee must be paid within the deadline.

Grounds

• Absolute grounds (IPL Article 5): Lack of distinctiveness, descriptiveness, misleading character and similar grounds.
• Relative grounds (IPL Article 6): Likelihood of confusion with an earlier mark, protection of well-known marks, earlier rights such as trade names or unregistered signs, copyright and personality rights, and bad-faith filing.

TÜRKPATENT does not examine relative grounds of its own motion. If the earlier right holder does not oppose, a similar mark may be registered — which is why bulletin watching matters.

Proof of Use

If the earlier mark has been registered for at least five years, the applicant may require the opponent to prove genuine use in Turkey for the relevant goods and services during the last five years (IPL Article 19(2)). If use is not proven, the opposition is rejected. See Non-Use of Trademark.

Decision and Appeals

The opposition is first decided by the examining unit. That decision may be appealed within two months to TÜRKPATENT’s Re-examination and Evaluation Department. The Department’s decision may in turn be challenged within two months of notification before the Ankara Intellectual and Industrial Property Rights Civil Court.

If the opposition deadline is missed, the remaining routes are a trademark invalidity action and, where applicable, a request for trademark revocation.