Opposition to 3. Parties’ identical or similar Trademark Applications

Every year almost 40.000 Trademark applications are realised before the Turkish Patent Institute.  First of all, these applications are examined by the Turkish Patent Institute and then the applications found appropriate for publication are published in the Official Trademark Bulletin to reveal them for the opposition. 

Trademark owners have a right to oppose to the applications for identical or similar Trademarks in the same class(es) in 3 months from the date of publication in the Official Trademark Bulletin.

For example, the owner of “ABBATE” Trademark registered in the 25th class concerning textile products may oppose to identical or similar Trademark applications such as, “ABBATE”, “ABA-ATE and “ABAATE” published in the Official Trademark Bulletin after the registration of his/her own mark.

 
In case there is no opposition made, it is highly probable that signs identical or similar with your Trademark may be registered and used in the market legitimately with the result that you have to face inconvenient situations such as loss of client and income arisen from the likelihood of confusion among the ultimate users. 

For the watching services for applications concerning the signs identical and similar with your Trademark, please see Trademark Watching

Appeal against Institute decisions refusing Trademark application

A Trademark that is applied for registration is first examined in respect of formal requirements and then in respect of Absolute Grounds for Refusal enumerated in Article 7 of the Decree Law No.556. As result of this examination Institute may decide to refuse the application or allow its publication in the Official Trademark Bulletin in order to see 3. parties’ opposition to the application.

Trademark owner has a right to appeal in two months against the decisions of the Turkish Patent Institute with regard to whole or partial refusal of the Trademark applications. This opposition procedure is significant for the reason that it makes the reconsideration and correction of the Institute decisions possible before the judiciary procedure.