Letter of Consent in Turkey: Overcoming Trademark Refusals and Co-existence
- Evren Fırat Göklü
- Dec 18, 2025
- 3 min read
Updated: Dec 25, 2025
In the Turkish trademark system, one of the most common hurdles international applicants face is the ex officio refusal (provisional refusal) based on being identical or indistinguishably similar to priorily registered trademark.
The legal basis for this is Article 5/1(ç) of the Industrial Property Code No. 6769 ("Code 6769"). Often, a trademark registration process for a global brand comes to a halt in Turkey simply because an identical or indistinguishably similar mark already exists on the register. Unlike the EUIPO system, the Turkish Patent and Trademark Office ("TURKPATENT") actively examines applications for prior rights during the absolute grounds examination phase.
For a comprehensive overview of all absolute grounds examined by TURKPATENT, please refer to our article: "Absolute Grounds for Refusal in Trademark Applications & Appeal Processes in Turkey".
However, this refusal is not a dead end. The "Letter of Consent" mechanism introduced by the Code 6769 allows applicants to overcome these refusals through agreement, paving the way for Trademark Co-existence.
Understanding the Refusal: Article 5/1(ç)
The Code 6769 is strict regarding prior rights during the initial examination:
Article 5/1(ç): "Signs that are identical to or indistinguishably similar to a trademark that has been registered or applied for registration in relation to identical or identical type of goods or services shall not be registered."
Upon the filing of an application, TURKPATENT conducts an ex officio search in terms of absolute grounds for refusal. If a "priorly registered trademark" is identified as being identical or indistinguishably similar, the trademark application is rejected ex officio.
Previously, this constituted a definitive barrier. Today, the Letter of Consent serves as a legal instrument, enabling the senior trademark owner to authorize the registration of the later mark.
The Strategic Solution: Negotiation Over Appeal
When a refusal decision is issued (or is anticipated), applicants generally have two procedural options:
Filing an Appeal: Arguing that the marks are not indistinguishably similar.
Submitting a Letter of Consent: Securing permission from thepriorily registered trademark's owner.
Why Choose Negotiation?
At Goklu Law & IP Firm, we often advise our international clients to prioritize negotiation over a standard appeal, especially if the similarity is evident.
Certainty vs. Risk: Appeals filed to the Re-examination and Evaluation Board ("Board") are subjective. If the Board rejects the appeal, the refusal becomes final. A valid Letter of Consent, however, must be accepted by the Office (provided formalities are met), making the outcome predictable.
Speed: Appeals can take 6-12 months. A Letter of Consent can be submitted and processed much faster, instantly lifting the refusal.
Commercial Reality: In practice, obtaining consent often involves a commercial negotiation. The senior trademark owner may request financial compensation to sign the Letter of Consent. While this involves a cost, it is often more economical and faster than a prolonged legal battle or a rebranding process.
Requirements for a Valid Letter of Consent
For a Letter of Consent to be accepted by TURKPATENT, strict formal requirements must be met. A simple "permission letter" is not sufficient.
Standard Form: The specific "Consent Form" prescribed by TURKPATENT must be used.
Notarization (Crucial): The form must be signed by the senior trademark owner (or their authorized representative) in the presence of a Notary Public. If the Consent Form is signed by a representative, a notarized Power of Attorney explicitly granting the authority to "give consent" must also be submitted.
Specific Trademark Details:
If submitted at the filing stage: Since the new application number might not be generated yet, the representation (image/logo) of the new mark must be attached to the form.
If submitted during the appeal stage: The application number of the refused mark must be explicitly stated.
Scope: The form must clearly list the registration numbers of the priorly registered trademarks and the specific goods/services for which consent is granted.
Unconditional & Irrevocable: The consent cannot be conditional. Once submitted to TURKPATENT, the Letter of Consent cannot be withdrawn.
Consent from Exclusive Licensees: If there is an exclusive license recorded in the register for the senior mark, the written consent of the exclusive licensee is also mandatory.
Note: A separate Letter of Consent must be arranged for each specific trademark application. One blanket consent cannot cover multiple future applications.
Conclusion
The Letter of Consent is a strategic legal instrument that transforms a "Refusal" into a "Registration." It allows brands to coexist in the Turkish market without the uncertainty of litigation.
However, the process involves delicate negotiations regarding potential compensation and strict adherence to bureaucratic formalities. A minor error in the notarized form can lead to its rejection.
To manage the negotiation process with the priorily registered trademark's owner and ensure the correct filing of the Letter of Consent, please contact us at info@goklulaw.com.
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