Article 40
(1) The applicant may file an objection with grounds and in writing related to an application refused in the scope of Article 38 within two months of the date of notification of the decision.
(2) Third parties claiming that the registration request does not conform with Articles
33 to 37 and 39 or the proprietor of an earlier dated trademark claiming that the registration request does not conform to Article 48 may file a written objection with grounds within three months of the publication in the Bulletin of the request for registration. The applicant shall be given information of the objection and his opinion shall be requested.
(3) It is mandatory to pay the fee for objection within the prescribed objection period and to submit information to the Office that it has been paid. Otherwise the objection shall be deemed not to have been made. No fee shall be charged for oppositions filed by public institutions and organizations.
(4) Objections filed in line with the first and second paragraphs shall be examined by the Board within the framework of the rules set out by the implementing regulation. The Board may request opinion from relevant institutions and organizations for evaluation of the issues stated in the objection. In case fee is requested by the institutions and organizations, such fee shall be paid by the objecting party.
(5) The Office, if considers necessary, may encourage the parties for reconciliation.
Regarding issues on reconciliation, the provisions of the Law No. 6325 shall be applied.
(6) If an amendment is made on the format or content of the application upon examination of the objection, the final version of the application shall be published in the Bulletin by also indicating the amended section. No objections may be filed for this publication.
(7) If, upon objection, the application is refused, the decision shall be published in the Bulletin.