How third parties can challenge a trademark application in Türkiye, from the two-month opposition period to appeal and court review.
Trademark applications in Türkiye are examined by the Turkish Patent and Trademark Office (TÜRKPATENT) and, once accepted, published in the Official Trademark Bulletin. Publication opens a window in which third parties can oppose the application. For right holders, this is often the most efficient moment to stop a conflicting mark.
The opposition period
Under the Industrial Property Law No. 6769, oppositions must be filed within two months of publication in the bulletin. The period is strict and cannot be extended, so watching services and quick internal decisions matter.
Grounds for opposition
An opposition may rely on relative grounds, such as an earlier identical or similar trademark, a well-known mark, or other prior rights including trade names, designs and copyright. Absolute grounds, for example lack of distinctiveness or a descriptive character, may also be raised. Filing in bad faith is an independent ground.
Proof of use
Where the opposition is based on a trademark that has been registered for at least five years, the applicant may request proof that the earlier mark has been genuinely used. Opponents should therefore prepare evidence of use early.
Decision and review
TÜRKPATENT decides on the opposition after giving the applicant the opportunity to respond. Its decision can be appealed to the Office’s Re-examination and Evaluation Board within two months, and the Board’s final decision can then be challenged before the Ankara Intellectual and Industrial Property Rights Courts.
Practical points
- Monitor the Official Trademark Bulletin for conflicting filings.
- Gather evidence of reputation and use before the deadline.
- Consider whether a co-existence agreement could resolve the conflict.
This publication is for general information only and does not constitute legal advice. Please contact us for advice on your specific situation.