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FAQs - Trademark Oppositions in Turkey

Which signs are not allowed upon opposition within the scope of the relative grounds in Turkish Industrial Property Code?

The following signs are not allowed for registration under the relative grounds upon opposition:

Likelihood of Confusion: Trademark applications will be refused if they create a likelihood of confusion with an earlier trademark, including association with that trademark, due to identity or similarity in both the trademark and the covered goods or services.
Unauthorized Use by Agents: Applications for trademarks identical or indistinguishably similar to earlier trademarks, filed by a commercial agent or representative without consent and justifiable reason from the trademark proprietor, will be refused upon the proprietor's opposition.
Prior Rights: If rights to a non-registered trademark or another trade sign used in trade were acquired before the application date, the trademark application will be refused upon the opposition of the prior sign's owner.
Article 6 bis of the Paris Convention: Trademark applications identical or similar to well-known marks defined under Article 6 bis of the Paris Convention will be refused upon opposition for identical or similar goods or services.
Well-known marks in Turkey: Trademark applications identical or similar to earlier registered trademarks, regardless of the similarity of goods or services, which could take unfair advantage or harm the earlier trademark's reputation, will be refused upon the earlier trademark owner's opposition.
Use of Personal Names, Trade Names, etc.: Applications using a person's name, trade name, photography, copyright, or other intellectual property right of another will be refused upon opposition by the right holder.
Collective and Guarantee Marks: Trademark applications identical or similar to collective or guarantee marks with identical or similar goods or services, filed within specific timeframes following the marks' protection expiration due to non-renewal, will be refused upon opposition by the previous right holder.
Non-Renewed Registered Trademarks: Trademark applications identical or similar to registered trademarks with identical or similar goods or services, filed within two years after the protection expiration of the registered trademark due to non-renewal, will be refused upon opposition by the previous trademark owner, provided that the trademark was used during this period.
Bad Faith Filings: Trademark applications filed in bad faith will be refused upon opposition.

What is the deadline for opposition?

The deadline for opposition is 2 months from the publication date of the trademark application.

Is the time limit to file the opposition extendable?

There is no possibility of time extension to file opposition.

Is it possible to lodge opposition without grounds and evidences to meet the deadline and submit the substantive arguments later than the deadline?

The grounds should be declared within the deadline along with the opposition. However, arguments and additional documents supporting the grounds can be filed after filing the opposition but before the issuance of the opposition decision.

Is there any fee to be paid for opposition?

Yes, there is opposition fee to be paid. The opposition fee should be paid before the deadline and the payment info should be sent to Turkish Patent and Trademark Office before the deadline. If the opposition fee is not paid within the deadline, the opposition is deemed not to have been filed and there is no possibility of recovery if the payment is not made in due time.

Is the applicant of the opposed trademark allowed to file observations against the opposition?

Yes, upon receipt of the opposition, Turkish Patent and Trademark Office (TURKPATENT) send a notice of opposition to the applicant and ask his/her opinion within 1 month from the date of notice. If no observation is filed within due date, the opposition is handled in view of all the arguments and evidences on hand.

Is there any mediation practice during the opposition?

Yes, Turkish Patent and Trademark Office may, at its discretion, invite the parties to come to an agreement on the conflict. If the parties agree for mediation, the proceedings are performed in view of the Mediation Law (Law No. 6325).

Is there any hearing or oral proceedings during the opposition and appeal proceedings?

No. Oppositions are handled through written communications and no hearing is held during either the opposition proceedings at the first instance or the appeal proceedings.

Is there any cooling-off period during the opposition?

No, there is no specific cooling-off period, neither by ex-officio nor upon request of parties, which allows the parties to negotiate for a settlement.

However, the parties can negogiate and come to an agreement before the issuance of the opposition decision. In the case of an agreement, the opponent should withdraw his/her opposition before the issuance of the decision regarding the opposition.

Is any evidence of use regarding the opposing trademark(s) required by Turkish Patent and Trademark Office?

Yes but with the following conditions:

The applicant of the opposed mark should ask the opponent to submit evidence of use regarding the trademark(s) indicated as ground for opposition.
The trademark(s) indicated as ground for opposition has/have been registered at least 5 years on the filing date of the opposed trademark.

In view of the above, Turkish Patent and Trademark Office send a notification to the opponent and ask the opponent to submit evidence of use within 2 months from the notification date.

The opponent should prove that the trademark or trademarks indicated as ground for opposition were genuinely used in respect of the goods and/or services within 5 years before the filing date or priority date – if priority is claimed - of the opposed mark.

If the opponent fails to prove the subject use, the opposition is refused. If the opponent can partially prove the subject use for some of the goods and services, the opposition is handled in view of the goods and services in respect of which the use is proved.

The failure to prove the use does not necessarily cause to the loss of rights on the trademark(s) indicated as ground for opposition. However, it is a strong indication that the trademark(s) indicated as ground for opposition, for which the use has not been proved, are vulnerable to non-use attack if 5-years use period have already passed from the registration date/s.

What kind of evidences should be submitted to prove genuine use?

The evidences should indicate the place, time, extent and nature of use of the opposing trademark for the goods and services in respect of which it is registered and on which the opposition is based. For instance, evidence may be any supporting documents and items such as packages, labels, price lists, catalogues, invoices, photographs, newspaper advertisements.

A guideline for proving the use of the registered trademarks in Turkey has been provided by TURKPATENT on this link.

Is it possible to withdraw an opposition?

Yes, opposition can be withdrawn any time during any stages of the opposition (first instance or appeal). If the opposition proceedings are represented by Trademark Attorney, a Power of Attorney covering express authorization for withdrawal should be submitted.

Is there any appeal proceedings if a trademark application is refused upon opposition?

Yes, if the trademark application is refused upon opposition, the opponent can file appeal with all the arguments and evidences within 2 months (non-extendable) from the notification of the decision of refusal. The fee for appeal should be paid within the same time limit. After filing appeal, no further arguments or evidences are allowed to file.

Is the applicant allowed to file observations to the appeal filed due to the refusal of the opposition?

Yes, the applicant is asked to submit his/her observations within 2 months from the notice of appeal.

How long the opposition and appeal proceedings take?

Opposition proceedings take 4-6 months at the first instance. In the case of appeal, the appeal proceedings take 4-6 months

Do you have further questions about oppositions for trademarks in Turkey? Please contact us. We will answer your questions as soon as possible.