Introduction

The Turkish trademark registration process consists of several stages, including formal examination, examination on absolute grounds, publication, opposition proceedings, and final registration before the Turkish Patent and Trademark Office (“TÜRKPATENT”).

One of the most practical mechanisms introduced under the Industrial Property Code No. 6769 (“IPC”) is the possibility of overcoming certain ex officio refusals through a Letter of Consent (“LoC”), also referred to as a coexistence letter.

Particularly in cases involving identical or indistinguishably similar trademarks, a properly prepared consent letter may allow a junior trademark application to proceed to registration despite the existence of an earlier conflicting mark.

This article outlines the legal basis, practical requirements, and strategic importance of Letters of Consent in Turkish trademark practice.

Trademark Examination Process in Türkiye

Following filing, trademark applications are first subject to a formal examination before TÜRKPATENT. If deficiencies are identified, applicants are granted a two-month period to remedy them.

Once formal requirements are satisfied, the application undergoes substantive examination based on the absolute grounds for refusal regulated under Article 5 of the IPC.

Among these grounds is Article 5/1-ç, which concerns marks that are identical or indistinguishably similar to an earlier registered trademark covering identical or similar goods and services.

If TÜRKPATENT identifies such a conflict ex officio, the application may be refused partially or entirely unless the applicant successfully overcomes the refusal.

One of the most important tools available for this purpose is the Letter of Consent mechanism introduced under Article 5/3 of the IPC.

Article 5/3 of the Industrial Property Code allows an application to proceed despite an ex officio similarity refusal where:

the proprietor of the earlier trademark provides explicit consent to the registration of the later-filed mark.

In practice, this mechanism reflects a coexistence-based approach that allows commercially compatible brands to remain simultaneously registered in the Turkish trademark register.

The consent mechanism has become particularly important since TÜRKPATENT conducts relatively strict ex officio similarity examinations.

Formal Requirements Before TÜRKPATENT

TÜRKPATENT applies strict procedural requirements to Letters of Consent.

According to the official TÜRKPATENT consent form , the consent document must be notarized and explicitly indicate the trademark application for which consent is granted.

The form also requires:

  • details of the applicant;
  • details of the prior trademark owner;
  • the application or registration numbers of the earlier trademarks;
  • and the relevant goods and services covered by the consent.

Importantly:

  • each trademark application requires a separate original consent form;
  • the consent must be unconditional;
  • and once submitted to TÜRKPATENT, the consent cannot be withdrawn.

The official form further specifies that where consent covers only certain goods or services, those goods and services must be expressly identified together with their Nice Classification classes.

Letters of Consent provide substantial commercial flexibility for trademark owners operating in overlapping sectors.

In practice, they are frequently used in situations involving:

  • coexistence agreements between related businesses;
  • settlement of trademark disputes;
  • international expansion strategies;
  • distributor or licensing relationships;
  • and resolution of citation objections during prosecution.

The mechanism is especially valuable because it enables applicants to avoid lengthy appeal proceedings and potential rebranding costs.

For foreign applicants entering the Turkish market, consent letters may also provide a practical solution where global coexistence arrangements already exist between the parties.

Practical Considerations

Although the Turkish system recognizes coexistence through consent, parties should approach such arrangements carefully.

A consent letter submitted to TÜRKPATENT should generally remain limited to procedural consent language. Commercial terms such as market allocation, territorial limitations, financial arrangements, or quality-control obligations are usually addressed separately in a private coexistence agreement.

Applicants should also ensure consistency between:

  • the trademark covered by the consent;
  • the goods and services listed in the application;
  • and the information appearing in the notarized document.

Even minor inconsistencies may result in procedural objections from TÜRKPATENT.

Conclusion

The Letter of Consent mechanism under Turkish trademark law has become an important prosecution tool, particularly given TÜRKPATENT’s strict approach toward ex officio similarity refusals.

By allowing applicants to overcome refusals based on prior identical or indistinguishably similar marks, consent letters facilitate commercial coexistence while preserving procedural efficiency.

However, the mechanism is highly formalistic. Careful drafting, proper notarization, accurate identification of goods and services, and compliance with TÜRKPATENT filing requirements remain essential for successful acceptance.

See also:
Trademark Registration in Türkiye: Timeline, Requirements and Practical Insights