Trademark Opposition Procedure in Turkey
Trademark opposition in Turkey is governed under Articles 17 to 20 of Law No. 6769 on Industrial Property. The concerned authority is Turkish Patent and Trademark Office (Turkpatent).
1. Filing Notice of Opposition – Any interested party may file a notice of opposition against a trademark within a period of two (2) months from its publication. The notice must be submitted in writing accompanied by all the necessary evidence.
2. Filing of Counterstatement – Turkpatent shall serve the notice of opposition on the applicant inviting them to file their counter statement within a period of one (1) month. If no response is filed by the applicant, Turkpatent will assess the opposition on the basis of the submitted documents and information.
3. Evidence For Prior Use – If the opposition is based on a prior mark which is registered for more than 5 years, the applicant may request the opponent to submit evidence pertaining to genuine use of the mark or reason for non-use of the mark. If the opponent fails to prove prior use, the opposition will be refused.
4. Order – Once the deadline to file counter statement has elapsed, Turkpatent shall review the information and documents and issue a decision accepting or rejecting the application.
Appeal to decision of the Opposition
Affected party may file an appeal within a period of two (2) months from the notification of decision with the Re-examination and Evaluation Board.
For more information on trademark opposition in Turkey, please write to us at foreign.opp@ssrana.com