The Turkish Patent and Trademark Office (TPTO), which receives a trademark application, will ex officio examine the application (regardless of whether it is a national application or an international registration designating Turkey under the Madrid Protocol) based on the absolute grounds for refusal. If the TPTO identifies an absolute ground for refusing protection of the trademark, it will issue a refusal decision accordingly. However, the respective decision may be challenged by an appeal.

Absolute Grounds for Refusal

The absolute grounds for refusal are examined by an examiner of the Trademark Department of the TPTO. The respective grounds, listed in Article 5 of the Industrial Property Code (“Code”) No. 6769, are as follows:

• Signs which cannot be trademarks according to Article 4

• Signs devoid of any distinctive character

• Signs which consist exclusively of, or include as an essential element, indications that denote the kind, type, characteristics, quality, quantity, intended purpose, value, geographic origin, or the date of production of goods or provision of services, or other characteristics

• Signs identical to, or indistinguishably similar to, a trademark that has been registered or applied for, for identical goods/services or those of the same type

• Signs consisting exclusively of, or including as their main element, indications used by everyone in the trade or that distinguish members of a professional, vocational, or commercial group

• Signs consisting exclusively of the shape or another characteristic resulting from the nature of the goods themselves, or necessary to obtain a technical result, or giving substantial value to the goods

• Signs that would deceive the public (e.g., as to the nature, quality, or geographical origin of the goods/services)

• Signs that must be refused under Article 6ter of the Paris Convention

• Signs other than those covered by Article 6ter, but which are of public interest, and which include historical or cultural elements, or emblems, badges, or coats of arms without the consent of the competent authority

• Signs that contain religious values or symbols

• Signs contrary to public order or morality

• Signs that consist of or contain a registered geographical indication

If the TPTO finds any of the absolute grounds listed above, it will issue a provisional decision refusing the application (either in full or in part).

Appeal Body, Deadline, Required Documents, and Official Appeal Fee

According to Article 20 of the Code, the provisional refusal decision may be appealed before the Re-examination and Evaluation Board (“Board”) of the TPTO. The appeal is examined by a Board consisting of three members: the chairman and two trademark examiners who were not involved in the original refusal decision.

The appeal must be filed within two months from the date of notification of the refusal decision—either the notification received from the TPTO or, in the case of an international registration under the Madrid Protocol, the notification received from WIPO.

The appeal petition, along with any supporting evidence, is submitted through the TPTO’s online system. The language of the submission must be Turkish. If any evidence is in a foreign language, a Turkish translation certified by a sworn translator must also be submitted.

There is no requirement to submit a power of attorney for the appeal. However, persons (natural or legal) who reside outside of Turkey may only be represented by trademark attorneys registered in Turkey.

The official appeal fee can be accessed on our website or shared upon request, together with our fee schedules.

Cancellation Action Before the Court

The decisions of the Board are final. If the appeal is rejected (in whole or in part), a cancellation action may be initiated within two months from the date of notification of the final decision. This action must be filed before the Ankara Civil Court of Intellectual and Industrial Property Rights, which has exclusive jurisdiction.