Ata Patent has assembled an experienced group of trademark lawyers in Turkey to help clients protect and enforce intellectual property rights and represent them in Turkish Patent Office litigation in Turkey.
Our trademark attorneys also provide services for; search, application, registration, assignment, renewals, refusals, and protection such as IP litigation, appeal, opposition, cancellation, infringement, monitoring, and IP licensing.
Turkish Patent Office Litigation
Trademark Refusals in Turkey
Refusals are another way of Turkish Patent Office litigation. Turkish Patent and Trademark Office (TPTO) reviews each trademark application, and if it concludes that the application has the characteristics needed to be a trademark.
Also, checks if it distinguishes the goods or services of a given business from the goods or services of another business, does not look like a trademark already registered, or for which a registration application is pending.
Additionally, reviews if it does not state type, choice, nature, quality, quantity, purpose, value, and geographical source, and it is not a sign used by everybody in commercial activities, does not contain a religious value or symbol, and is not contrary to the public order and general morality.
After all the above is checked, TPTO will decide to publish the application in the Official Trademark Bulletin.
Refusals are another way of Trademark Litigation in Turkey. If a trademark application is refused by TPTO’s one of the trademark examiners after such review, the applicant is entitled to appeal the said refusal by filing an appeal petition to the Re-Evaluation and Examination Board (REEB).
A refusal shall be filed before TPTO within 2 months from the date on which the said refusal has been notified to the applicant. If the applicant does not use this right within 2 months, its application will be canceled and its right to appeal will be revoked.
Trademark Opposition in Turkey
Oppositions are another way of Turkish Patent Office litigation. A Turkish trademark opposition is a proceeding in which one party is seeking to prevent the registration of another party’s trademark.
If the Turkish Patent and Trademark Office (TPTO) 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.
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.
Reach us for Turkish Patent Office Litigation
Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, and customized and cost-effective project management.
We prosecute and maintain patents and trademarks across a variety of industries and in multiple countries, and litigate in IP courts and before TPTO.