Turkish Trademark Opposition Services
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An opposition is a proceeding in which one party is seeking to
prevent registration of another party's trademark. If Turkish Patent
Institute (TPI) approves that a trademark application meets the
criteria of a trademark, the application will be published in the
Official Trademark Bulletin, so that it will be made available to
the public for review.
In this case a trademark application will be published for 3 months. During this period of 3 months, real persons, legal entities and professional associations will be entitled to file an opposition before TPI to object a trademark application on the grounds that they already own it, a trademark application is similar to their own trademark, or the trademark application breaches a copyright, etc., provided that documents proving such allegation must be enclosed to such letter of objection.
To successfully prosecute an opposition, the opposer must plead and prove two things that he is likely to be damaged by a registration of the mark; and there are valid grounds as to why the trademark applicant is not entitled under law to register.
In terms of pleading, all the opposer needs to do is set forth in
the notice of opposition a short statement showing how he would be
damaged by registration of the trademark, and state his grounds for
opposition. The opposer is bound by the grounds pleaded in its
notice. Neither administrative tribunals nor the courts will
consider grounds not previously raised in the notice of opposition
or cancellation.
Such opposition and the documents enclosed thereto will be sent to
the applicant or its attorney in order to enable them to prepare an
answer. The applicant or its attorney must present its answer to
Turkish Patent Institute within 1 month after receiving the above
mentioned opposition.
Both the opposition and its evidence documents and the answer given to it will be reviewed by the Re-Evaluation and Examination Board (REEB) of TPI, so that REEB will decide either “application will proceed” or “application will partially proceed” or “application canceled”.
Any person who believes that he would be damaged by the registration of a trademark may file an opposition before Turkish Patent Institute within three months of the publication of said mark.
Our patent & trademark attorneys are licensed to practice before Turkish Patent Institute to represent our clients' all types of intellectual property rights; including applications, registrations, and oppositions. Our IP litigation attorneys render patentability and patent, trademark, and copyright infringement opinions; litigate to protect intellectual property; handle arbitration, mediation, and other litigation alternatives; and negotiate licenses, franchising, and similar business transactions to maximize the value of such property.
