Trademark Opposition & Appeals in Turkey

No, a provisional refusal (whether partial or total) issued by the examiner is not the final verdict. You have the legal right to file an appeal to the Re-Examination and Evaluation Board (REEB) within two months of the notification date. This appeal is your opportunity to present detailed legal arguments, submit evidence of acquired distinctiveness, or clarify misunderstandings regarding the grounds for refusal. Marqora’s experts can analyze the refusal decision and draft a robust appeal to overturn it.

If you identify a trademark application published in the Official Trademark Bulletin that is identical or confusingly similar to yours, you can file an opposition. This must be done within two months from the publication date. The opposition must be based on valid legal grounds, such as likelihood of confusion, bad faith filing, or infringement of copyright. Once the deadline passes, the mark may be registered, making it much harder and costlier to cancel later through court actions.

If the similarity is deemed to be below the threshold of “indistinguishable” or if your goods/services fall into entirely different classes, your application might proceed. However, it’s crucial to acknowledge the inherent risks, including potential opposition from the owner of the similar mark or refusal by the TPTO on relative grounds.

Marqora strongly advises a professional Trademark Search to assess these risks accurately. Our experts can analyze the degree of similarity and the scope of goods/services to provide a clear assessment of your chances of success and guide you on the best strategic approach to mitigate potential issues. In some specific cases, if a prior mark is very similar but its owner provides a notarial letter of consent, your application might proceed.

Not at all. An opposition is merely a claim by a third party, not a judgment. When an opposition is filed, the TPTO notifies you, and you have the right to file a counter-statement (defense) within one month. A well-structured defense is crucial here. In many cases, we can successfully defend your mark by proving there is no likelihood of confusion, or by requesting the opponent to prove they have actually used their trademark (Non-Use Defense).

Strategic class selection is paramount for comprehensive protection. For instance, if your business primarily operates as a restaurant, you would typically register in Class 43 (services for providing food and drink; temporary accommodation). However, if your brand also extends to selling branded merchandise like kitchenware or clothing, or if you plan to offer culinary workshops, you would need to consider additional relevant classes such such as Class 21 (household or kitchen utensils), Class 25 (clothing, footwear, headgear), or Class 41 (education; providing of training; entertainment; sporting and cultural activities), respectively.

Marqora strongly recommends a thorough consultation to accurately define your business activities and future expansion plans. Our experts will guide you through the Nice Classification system, helping you select the precise classes to ensure your brand receives robust and comprehensive protection across all relevant sectors in Türkiye.

Yes, for applicants domiciled outside of Turkey, representation by an authorized trademark attorney is mandatory under the Turkish Industrial Property Code. Even if you filed your initial application through the Madrid System without a local representative, engaging in specific legal procedures before the TPTO—such as filing an appeal against a refusal, submitting a defense, or opposing a third party—legally requires an authorized attorney based in Turkey. Beyond the legal obligation, these proceedings involve complex legal argumentation and strict procedural rules; therefore, Marqora’s expert representation is essential to ensure your petitions are validly submitted and effectively argued.

The timeline can vary depending on the complexity of the case and the workload of the TPTO. Generally, a decision on an appeal or an opposition by the Re-Examination and Evaluation Board (REEB) takes between 8 to 12 months. During this period, the status of the trademark application remains pending. Marqora monitors this entire process and keeps you updated on every development.

This is a powerful strategic tool. If an opposition is based on a trademark that has been registered for more than five years in Turkey, we can request that the opponent prove they have genuinely used their mark in Turkey during the relevant period. If they fail to provide sufficient evidence of use, their opposition may be rejected, and your trademark can proceed to registration.

The decision of the REEB is the final administrative step within the TPTO. If the Board’s decision is unfavorable, the administrative remedies are exhausted. However, you still have the right to take the matter to the Intellectual Property Courts in Ankara. A lawsuit to cancel the Board’s decision must be filed within two months of the final decision notification.

Yes, and it is often essential. The appeal stage allows you to submit additional evidence that may not have been available or considered during the initial examination. This can include proof of extensive usage, market surveys showing brand recognition, or letters of consent from the owner of a cited trademark. Providing strong evidence is often the key to winning an appeal.