In line with article 15(c) of the Code numbered 5000 (the Code on the Patent and Trademark Attorneyship and Some Regulations), it is possible to file a lawsuit against the final decisions of the Turkish Patent and Trademark Office (the “Office”) for the cancellation of the respective decisions.
Final Decisions of the Office
The registration proceedings of trademarks, geographical indications, designs, patents, and utility models are carried out by the Office. The Office has four examination departments that deal with the registration proceedings, i.e. the trademarks department, geographical indications department, designs department, and patent department. The final decisions of the relevant departments regarding the registration proceedings, which may have been delivered ex officio or upon an opposition filed by a third party, can be appealed before the Re-examination and Evaluation Board (“Board”) of the Office. In principle, the time limit set for the appeal is two months from the date of notification. The Board’s decisions on appeals are the final decisions of the Office.
Judicial Review of the Decision of the Office
The decisions of the Office are considered administrative decisions. In the cancellation action, the court will examine whether the Board has delivered a correct decision based on the arguments and responses available at the appeal stage. If the lawsuit is accepted with a definitive judgment, the respective final decision of the Office will be deemed annulled.
In the respective lawsuit, both the Office and the counterparty (i.e., the applicant or the opponent, when the final decision of the Office is given a result of opposition filed by a third party) are shown as defendants.
Time Limit for the Cancellation Action
The lawsuit must be filed within two months from the date of notification of the Board’s decision. The decisions of the Office, which have not been appealed before the Board within the time limit, can no longer be referred to the courts for cancellation.
The cancellation action must be filed before specialized IP courts in Ankara, namely Ankara Civil Court of Intellectual and Industrial Property Rights, as the first instance court. The respective court’s jurisdiction is exclusive.
The decisions of the first instance courts may be appealed before the Regional Court of Appeal (İstinaf Mahkemesi) and the Court of Cassation (Yargıtay), respectively.
For further queries, please contact:
Dogukan Berk Aksoy, LL.M.
Attorney at Law | Trademark Attorney | Patent Attorney
T: +90 312 514 20 14