Trademark registration in Turkey is not automatic. After an application passes initial examination, it is published in the Official Trademark Bulletin (Resmi Marka Bülteni). This publication opens a three-month window during which anyone with a legitimate interest can file an opposition. Opposition is the primary mechanism for preventing conflicting marks from reaching registration — and missing the deadline is fatal.
The Three-Month Window
The opposition period runs for exactly three months from the date of publication in the Resmi Marka Bülteni. There is no extension and no discretion to admit late oppositions. Monitoring competitor filings through the TÜRKPATENT database — or engaging a professional watch service — is the only way to catch a problematic application in time.
Grounds for Opposition
Relative Grounds
These are the most commonly invoked grounds and must be raised by the holder of the earlier right:
Likelihood of confusion: where the applied-for mark is identical or similar to an earlier registered mark (or pending application with an earlier date) covering identical or similar goods/services, there is a risk of the public confusing the two marks or associating them. The similarity assessment looks at visual, phonetic, and conceptual elements — marks need not be identical to create a likelihood of confusion.
Taking unfair advantage of a reputed mark: a mark with a reputation in Turkey can be protected against applied-for marks that would, without due cause, take unfair advantage of or be detrimental to its distinctive character or reputation — even across different goods and services.
Bad faith: where the applicant filed knowing that the mark belonged to or was being used by another party, bad faith can form a ground of opposition.
Absolute Grounds
Absolute grounds — such as descriptiveness, lack of distinctiveness, or a mark being a generic term — can be raised both by TÜRKPATENT during examination and by third parties through opposition.
The Opposition Process at TÜRKPATENT
- Filing: the opposer submits a written opposition with payment of the official fee within the three-month window, setting out the grounds and attaching evidence
- Notification: TÜRKPATENT notifies the applicant, who has one month to file observations in response
- Applicant’s response: the applicant may contest the similarity, challenge the earlier right relied upon, or argue that the goods/services are not similar
- TÜRKPATENT decision: TÜRKPATENT examines the opposition and issues a decision — accepting the opposition in full, in part (registering the mark for some goods/services only), or rejecting it
Where the opposition relies on an earlier mark that has been registered for more than five years, TÜRKPATENT may ask the opposer to provide evidence of genuine use of the earlier mark. A mark that has not been genuinely used cannot serve as the basis for a successful opposition.
Challenging the Decision
Re-examination and Evaluation Board (YİDK): either party may appeal a TÜRKPATENT decision to the YİDK within two months of the decision. The YİDK is an administrative appeal body within TÜRKPATENT that conducts a fresh review.
Administrative courts and specialist IP courts: if the YİDK decision is also unfavourable, the matter can be taken to the administrative courts (for procedural challenges) or to the specialist intellectual and industrial property rights courts (Fikri ve Sınai Mülkiyet Hakları İhtisas Mahkemesi) for substantive challenges.
Practical Considerations
Start monitoring early: many brand owners discover a conflicting application only after the three-month window has closed. Setting up a watch on TÜRKPATENT publications costs a fraction of the litigation that follows a missed opposition.
Evidence matters: a likelihood of confusion argument is stronger with evidence of actual use in the market — invoices, advertising materials, website traffic data, and survey evidence where available. Bare assertions of similarity without substantiation are less persuasive.
Partial acceptance is common: where goods or services overlap only partly, TÜRKPATENT sometimes registers the mark for the non-conflicting categories and refuses it for the conflicting ones. Both parties should consider whether a partial outcome is acceptable before investing in extended proceedings.
Frequently Asked Questions
Can I oppose a trademark that is similar to mine even if mine is not yet registered? Yes, provided your application has an earlier filing date than the one you are opposing. A pending application with an earlier priority date can serve as the basis for a relative grounds opposition.
What happens if I miss the three-month opposition window? The mark will proceed to registration if there are no other obstacles. Your remedies then shift to a cancellation action (hükümsüzlük davası) before the specialist IP court — a significantly more expensive and time-consuming process than opposition. Prevention at the opposition stage is far more efficient.
The owner of the earlier mark demanded evidence of use. Do I have to provide it? Yes, where your mark has been registered for more than five years. If you cannot demonstrate genuine use in Turkey for the goods/services on which you rely, TÜRKPATENT will not accept that mark as a basis for the opposition. Use evidence must cover the five years preceding the opposition filing.
We settled with the applicant. What do we do with the pending opposition? Opposition proceedings can be withdrawn at any stage. The parties’ agreement — typically a coexistence agreement — should be documented in writing, and the withdrawal filed with TÜRKPATENT before the opposition decision issues.