Trademark Opposition and Defence in Turkey

Oppositions decide many Turkish trademark files. This page sets out publication in the Official Trademark Bulletin, the two-month opposition period, the grounds usually relied on, the proof of use defence, and the appeal route after the office decides.

Publication in the Official Trademark Bulletin

Every trademark application that passes the initial examination by TÜRKPATENT is published in the Official Trademark Bulletin. Publication is the point at which third parties can see what has been applied for, in which classes and by whom. It is also the regular opportunity to stop an application administratively before it matures into a registration, which is why owners of Turkish rights, and foreign owners with commercial interests in Turkey, keep the Bulletin under systematic watch.

TÜRKPATENT does examine identical or indistinguishably similar earlier marks of its own motion, but it does not refuse every application that a right holder would consider too close. Marks that are merely similar, applications by former distributors, and filings that copy a foreign brand not yet registered locally routinely reach publication. Without a watch the period passes unnoticed, and the response then takes the slower and more expensive form of an action after registration.

The Two-Month Opposition Period

An opposition against a published application must be filed within two months from the date of publication in the Official Trademark Bulletin. The period is strict. If it is missed, the application proceeds, and the earlier right holder is left with invalidation proceedings before the specialised courts after registration, which take considerably longer and cost more. The opposition is filed with TÜRKPATENT, and official fees must be confirmed from the office's published tariff before filing.

The opposition should identify the earlier rights relied on, the goods and services attacked, and the reasons. It is possible to oppose only part of a specification rather than the whole application. A foreign opponent without a domicile or place of business in Turkey must act through a registered Turkish trademark attorney, and that appointment should be arranged early, because powers of attorney, translations and evidence take time to assemble.

Grounds Commonly Relied On

The most frequent ground is likelihood of confusion with an earlier registered or applied trademark covering identical or similar goods and services. The assessment considers the visual, phonetic and conceptual similarity of the signs, the relationship between the goods and services, and the perception of the relevant public in Turkey. Similarity is judged on the register as it stands, so the wording of both specifications, rather than actual commercial activity, usually frames the comparison.

Other grounds are regularly used. The reputation of a well known mark can support protection beyond similar goods where the later use would take unfair advantage of or damage that reputation. Unregistered prior use in Turkey can defeat a later application. Bad faith is available where the applicant clearly knew of the earlier mark, for instance a former agent, distributor or business contact filing in its own name. Grounds may be combined in one opposition.

Defending an Opposition and Proof of Use

The applicant is notified of the opposition and may reply. The reply period is set by the office notification, so the applicable term must be confirmed from that notification and not assumed. A defence typically disputes similarity, points to differences between the goods and services, relies on peaceful coexistence, or limits the specification to remove the overlap. Limitation is often the fastest route to registration where the disputed classes are not commercially important.

The strongest procedural defence is the proof of use request. Where the earlier mark relied on has been registered for at least five years, the applicant may ask the opponent to prove genuine use in Turkey for the goods and services invoked. If use is not proved, the opposition is examined only for what is shown, or fails. Opponents should therefore assemble invoices, catalogues and dated advertising before the opposition is filed.

Decision, Appeal and the Court Route

TÜRKPATENT then decides. The opposition may be accepted in full, accepted in part so that certain goods and services are removed from the application, or rejected. Either side may challenge that outcome before the Re-examination and Evaluation Board of TÜRKPATENT, which reviews the file and issues the final administrative decision of the office. The period for filing that appeal is set by the notification of the decision and must be confirmed rather than assumed.

A decision of the Board can be taken further to the specialised Civil Courts for Intellectual and Industrial Property Rights in Ankara, where the office is a party and the file is reviewed judicially. That stage is litigation and should be planned as such. The content of this page is general information and not legal advice, and current requirements and periods should be confirmed before any deadline is calculated or relied upon.

Frequently Asked Questions

How long is the opposition period in Turkey?

Two months from publication of the application in the Official Trademark Bulletin. The period is strict, and once it expires the application proceeds, leaving invalidation proceedings before the specialised courts after registration as the remaining route.

Can I ask the opponent to prove use of its earlier mark?

Yes, where the earlier mark relied on has been registered for at least five years. The opponent must then show genuine use in Turkey for the goods and services invoked, failing which the opposition is limited to what is proved, or fails.

What can be done if TÜRKPATENT rejects my opposition?

The decision can be challenged before the Re-examination and Evaluation Board of TÜRKPATENT within the period stated in the notification, which must be confirmed. A decision of the Board can then be taken to the specialised courts in Ankara.