Once the Turkish Patent and Trademark Office ("TPTO") has approved a trademark application after its examination, the application is published in the Official Trademark Bulletin for third-party opposition. In this short article, we examine how Turkish trademark law regulates opposition proceedings.

Deadline for Opposition

The opposition against a trademark application in Turkey must be filed within two months from the date of publication of the application in the Bulletin. This opposition period cannot be extended.

Grounds for Opposition

In the opposition petition, the opponent may rely on one or more absolute or relative grounds for refusal to prove that the trademark application should not be registered.

The absolute and relative grounds for refusal are listed in Articles 5 and 6 of the Industrial Property Code No. 6769 (“Code”), respectively.

The absolute grounds for refusal relate generally to the public interest. Although the TPTO is expected to refuse ex officio applications that violate these grounds, if it fails to do so, third parties may raise them in opposition proceedings. A full list of the absolute grounds can be accessed in another one of our articles.

The relative grounds for refusal relate to the prior rights of the opponent. These are not examined ex officio by the TPTO and must be claimed in the opposition. Article 6 of the Code provides:

• An application shall be refused upon opposition if there is a likelihood of confusion, including association, with an earlier trademark due to the identity or similarity of marks and goods/services.

• An identical or indistinguishably similar trademark filed by a commercial agent or representative in their own name without the proprietor’s consent shall be refused upon opposition.

• A trademark shall be refused if the opponent owns a non-registered trademark or sign used in trade prior to the application date or claimed priority date.

• Marks identical or similar to well-known trademarks under Article 6bis of the Paris Convention shall be refused for identical/similar goods or services.

• A mark identical or similar to an earlier mark, regardless of the similarity of goods/services, shall be refused if it would take unfair advantage of, or harm, the earlier mark’s reputation in Turkey.

• An application shall be refused if it includes a person’s name, trade name, image, copyright, or another IP right without authorization.

• A mark identical or similar to a collective or guarantee mark that expired within the last three years due to non-renewal shall be refused upon opposition of the prior holder.

• A mark identical or similar to a registered trademark with identical/similar goods/services, filed within two years of expiration for non-renewal, shall be refused upon opposition (if the mark was used during that period).

• Trademark applications filed in bad faith shall be refused upon opposition.

Required Documents and Opposition Proceedings

The opposition petition, including the grounds and supporting evidence, must be filed through the TPTO’s online system. Persons residing outside of Turkey may only be represented by trademark attorneys registered in Turkey. However, a power of attorney is not required for opposition proceedings.

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

If an opposition is filed on time, the TPTO will notify the applicant and provide one month to submit a response.

Note that under certain conditions, if requested in the response petition, the opponent may be required to prove genuine use of their own trademark in Turkey. You may access our article on proof of use in opposition proceedings for further information.

The TPTO examiner will assess the opposition and response. If a ground for refusal is confirmed, a decision refusing registration (in full or in part) will be issued. Otherwise, the opposition will be rejected. The final decision will be notified to both parties.

Appeal Before the Board and Cancellation Action Before the Court

The decision on the opposition may be appealed by either party before the Re-examination and Evaluation Board (“Board”) of the TPTO. The appeal must be filed within two months from the date of notification.

The Board’s decision is final before the TPTO. However, a cancellation action may be filed before the Ankara Civil Court of Intellectual and Industrial Property Rights (specialized IP courts) within two months of notification. This court has exclusive jurisdiction.