Introduction

Trademark opposition is a critical process in protecting intellectual property rights in Turkey. This guide will walk you through the entire process, from understanding what constitutes grounds for opposition to navigating the procedural requirements of the Turkish Patent and Trademark Office (TÜRKPATENT).

What is Trademark Opposition?

Trademark opposition is a legal procedure that allows third parties to object to a trademark application before it is registered. In Turkey, once a trademark application is published in the Official Trademark Bulletin, interested parties have two months to file an opposition.

Legal Framework

The primary legislation governing trademark opposition in Turkey is:

• Industrial Property Law No. 6769 (effective since January 10, 2017)
• Implementing Regulations of the Industrial Property Law
• Relevant international agreements including the Madrid Protocol and the Paris Convention

Grounds for Opposition

Absolute Grounds

Opposition based on absolute grounds argues that the trademark should not be registered due to inherent defects:

1. Marks lacking distinctive character
2. Descriptive marks
3. Generic terms
4. Marks contrary to public order or morality
5. Shapes or features dictated by technical necessity
6. Flags, emblems, or other symbols protected under Article 6ter of the Paris Convention
7. Religious symbols or culturally significant elements

Relative Grounds

Opposition based on relative grounds argues that the trademark conflicts with existing rights:

1. Likelihood of confusion with earlier marks
2. Identical or similar marks for identical or similar goods/services
3. Well-known marks (as per Article 6bis of the Paris Convention)
4. Unregistered rights (if acquired through use)
5. Prior trade names
6. Copyright or design rights
7. Personal names and portraits

The Opposition Process

Timeline

1. Publication: Trademark applications are published in the Official Trademark Bulletin
2. Opposition Period: Two-month period from publication date
3. Counter-statement: One-month period for the applicant to respond (extendable by one month)
4. Examination: TÜRKPATENT examines the opposition
5. Decision: Typically takes 8-12 months from the filing of opposition

Required Documents

1. Opposition petition (in Turkish)
2. Power of attorney (if filed through a representative)
3. Evidence supporting the opposition grounds
4. Proof of payment of official fees
5. Translations of foreign documents (certified translations may be required)

Filing the Opposition

Oppositions must be filed with TÜRKPATENT and include:

1. Details of the opposed application (application number, applicant’s name, publication date)
2. Clear identification of the grounds for opposition
3. Evidence substantiating the claims
4. Information about the opponent and their interest

Evidence in Opposition Proceedings

Types of Evidence

1. Registration Certificates: Copies of earlier trademark registrations
2. Market Evidence: Sales figures, invoices, advertising materials
3. Consumer Surveys: Demonstrating confusion or recognition
4. Expert Opinions: Industry experts or consumer behavior specialists
5. Previous Decisions: Relevant court or TÜRKPATENT decisions

Best Practices for Evidence Collection

1. Gather evidence of use dating back at least 5 years
2. Obtain evidence from multiple sources to show consistent use
3. Focus on the Turkish market specifically
4. Ensure documents are properly dated and authenticated
5. Organize evidence chronologically and thematically

Strategies for Successful Opposition

For Opponents

1. Conduct thorough searches: Identify all relevant earlier rights
2. Act promptly: Begin preparation immediately after publication
3. Focus on strongest arguments: Prioritize the most compelling grounds
4. Tailor evidence: Present evidence specific to the Turkish market
5. Consider settlement: Coexistence agreements may be more cost-effective

For Applicants Defending Against Opposition

1. Investigate the opponent’s actual use: Challenge non-use if applicable
2. Analyze market differences: Highlight distinctions in target consumers
3. Consider amendments: Limitation of goods/services may resolve issues
4. Gather counter-evidence: Demonstrate peaceful coexistence in the market
5. Evaluate settlement options: Consider modification of the mark or scope

After the Decision

Appeal Process

If dissatisfied with TÜRKPATENT’s decision, parties may:

1. File an appeal with the Re-examination and Evaluation Board within two months
2. Further appeal to specialized IP courts in Ankara within two months
3. Appeal to the District Court within two weeks of the IP court’s decision
4. Final appeal to the Court of Cassation within two weeks

Settlements and Coexistence

Parties may reach settlement at any stage through:

1. Coexistence agreements
2. Trademark limitations
3. Licensing arrangements
4. Assignment of rights

Professional Representation

While not mandatory, professional representation is highly recommended:

1. Patent and Trademark Attorneys: Registered with TÜRKPATENT
2. Legal Counsel: Attorneys specializing in IP law
3. International Firms: With expertise in cross-border trademark matters

Common Pitfalls to Avoid

1. Missing the opposition deadline
2. Insufficient evidence of earlier rights
3. Failing to establish genuine interest
4. Overlooking formalities in documentation
5. Inadequate translations of foreign documents

Recent Developments and Trends

The Turkish trademark opposition landscape has evolved with:

1. Harmonization with EU practices
2. Stricter assessment of likelihood of confusion
3. Increased protection for well-known marks
4. More detailed reasoning in decisions
5. Greater emphasis on actual market conditions

Conclusion

Effective trademark opposition in Turkey requires thorough preparation, strategic thinking, and careful adherence to procedural requirements. Whether you’re opposing a mark or defending against opposition, understanding the nuances of Turkish trademark law is essential for protecting your intellectual property rights.

Take Action Now!

Don’t wait until it’s too late to protect your valuable brand rights in Turkey. If you’ve spotted a problematic trademark application or need to defend your own application against opposition, contact our experienced IP team today for a confidential consultation. Our specialized attorneys can help you navigate the complex opposition process and develop a winning strategy tailored to your specific business needs.

Book Your Free 30-Minute Strategy Session:

• WhatsApp: 0090 551 942 20 34
• Email: emre@emrekurt.av.tr

FAQs

Q: Can foreign entities file trademark oppositions in Turkey?
A: Yes, foreign entities can file oppositions, but must be represented by a Turkish trademark attorney.

Q: Is it possible to extend the opposition period?
A: No, the two-month opposition period cannot be extended under any circumstances.

Q: Can I base my opposition on an international registration?
A: Yes, international registrations designating Turkey or with priority claims can be used as basis for opposition.

Q: What happens if multiple oppositions are filed against the same application?
A: TÜRKPATENT may consolidate the proceedings or handle them separately depending on the grounds.

Q: Can new evidence be submitted during the opposition proceedings?
A: Additional evidence can be submitted, but TÜRKPATENT has discretion on whether to accept it.

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