Oppositions, Relative Grounds for Refusal, and Responses in Turkish Trademark Applications
- Evren Fırat Göklü
- Dec 13, 2025
- 5 min read
Updated: Dec 25, 2025
In the trademark registration process before the Turkish Patent and Trademark Office (“TURKPATENT”), the publication of a national or international trademark application in the Official Trademark Bulletin marks the commencement of the opposition phase. This is the most critical stage where third-party rights are asserted, and legal disputes regarding the "relative grounds for refusal" are initiated.
The publication period lasts strictly for 2 months. During this non-extendable period, prior trademark owners, commercial agents, or other rights holders are entitled to file an opposition against the published trademark application based on their earlier rights. These grounds, which rely on the claim of a third party, are referred to as "Relative Grounds for Refusal" under the Industrial Property Code No. 6769 ("Code 6769").
For international IP firms and foreign rights holders, this phase presents two primary scenarios:
Filing an Opposition: Detecting a conflicting application filed by a third party in Turkey and filing an opposition to prevent its registration.
Filing a Response: Defending a client's published trademark application against an opposition filed by a third party.
This article outlines the grounds for opposition under Article 6 of the Code 6769, the importance of "Trademark Monitoring" services for portfolio management, and the procedural roadmap for responses and appeals.
Grounds for Opposition (Relative Grounds - Article 6)
While TURKPATENT examiners examine "Absolute Grounds" ex-officio, they do not examine "Relative Grounds" (such as similarity with prior marks) unless an opposition is filed. Therefore, active monitoring is essential. Article 6 of the Code 6769 provides an exhaustive list of relative grounds for refusal upon opposition:
Likelihood of Confusion (Art. 6/1): An application shall be refused upon opposition if there is a likelihood of confusion on the part of the public, including the likelihood of association with an earlier trademark, due to identity or similarity with the earlier mark and the identity or similarity of the goods or services.
Unauthorized Filing by Agent (Art. 6/2): If a commercial agent or representative files a trademark application in their own name without the proprietor's authorization and without valid justification, the application shall be refused upon the proprietor's opposition.
Prior Rights / Unregistered Use (Art. 6/3): If a third party has acquired a right to a non-registered trademark or another sign used in the course of trade prior to the application date (or priority date), the application shall be refused upon opposition by the owner of the prior sign.
Well-Known Marks (Paris Convention) (Art. 6/4): Applications identical or similar to trademarks well-known within the meaning of Article 6bis of the Paris Convention shall be refused upon opposition regarding identical or similar goods/services.
Reputation / Dilution (Well-Known Mark in Turkey) (Art. 6/5): If an earlier registered trademark has acquired a reputation in Turkey, and the use of the later mark would take unfair advantage of, or be detrimental to, the distinctive character or repute of the earlier mark, the application shall be refused upon opposition, irrespective of the similarity of goods/services.
Name, Copyright, and other IP Rights (Art. 6/6): An application shall be refused upon opposition if it contains a person’s name, trade name, photography, copyright, or any other intellectual property right of another person.
Expired Collective/Guarantee Marks (Art. 6/7): Applications filed within three years following the expiration of a collective or guarantee mark due to non-renewal shall be refused upon opposition.
Non-Renewed Marks (Art. 6/8): Applications filed within two years following the expiration of a trademark due to non-renewal shall be refused upon opposition, provided that the earlier mark has been used during this period.
Bad Faith (Art. 6/9): Applications filed in bad faith shall be refused upon opposition.
Proactive Protection: Trademark Monitoring Service
Obtaining a trademark registration certificate is not sufficient to secure brand protection in Turkey indefinitely. Given that TURKPATENT does not ex-officio cite relative grounds for refusal, a conflicting mark may proceed to registration if no opposition is filed within the 2-month period.
Once a conflicting mark is registered, the only remedy is filing an Invalidation Lawsuit, which is a time-consuming and costly litigation process. Therefore, filing an opposition against the infringing trademark application at the bulletin stage is the most cost-effective strategy.
At Goklu Law & IP Firm, we provide a comprehensive "Trademark Monitoring" service. Through specialized software, we monitor the Official Bulletins published monthly. We detect and report potentially conflicting applications to our foreign associates, enabling timely instructions for opposition.
Defending Your Client’s Trademark: The Response to Opposition
If an opposition is filed against your client's application, it does not imply an automatic refusal. The burden of proof lies with the opponent.
Upon notification of the opposition, the applicant has a 1-month period to submit a response petition against the opposition. This phase is crucial for the defence of the application.
The Procedural Timeline: Decisions, Appeals, and Litigation
The opposition and appeal procedure follows a structured administrative and judicial path:
Response Period (1 Month): Upon notification of the opposition, the applicant is granted a strict 1-month period to file a response and submit evidence.
Decision of the Trademarks Department (Approx. 6-8 Months): The Trademarks Department examines the opposition and the response. The Department may accept the opposition (refusing the application totally or partially) or refuse the opposition.
Appeal before the Board: (2 Months) The decision of the Department is not final. Both parties (the Applicant or the Opponent) have the right to file an appeal before the Re-examination and Evaluation Board ("the Board") within 2 months from the notification. The Board is the final administrative authority within TURKPATENT. If an appeal is filed, the other party is granted 1 month to submit a response. The Board then reviews the case, which takes another 6-8 months.
Cancellation of the Board Decision (Court Action) (2 Months): The decision of the Board is the final administrative act of the TURKPATENT. However, it is subject to judicial review. The aggrieved party may file a lawsuit for the Cancellation of the Board's Decision before the Ankara Intellectual and Industrial Property Rights Civil Court within 2 months from the notification of the Board's decision.
Note: In oppositions filed under Article 6/1 of the IP Code, the applicant has the right to request proof of use regarding the opponent's trademarks. Upon such a request, TURKPATENT grants the opponent a 1-month period to prove that their trademarks have been genuinely used in Turkey during the 5 years before the application date. For detailed information, please refer to our article: "Use Requirement in Turkish Trademark Law: Proof of Use and Non-Use Defense."
Required Documents
Power of Attorney (PoA)
For Filing an Opposition: Submission of a physical PoA document to TURKPATENT is not required at the filing stage.
For Filing a Response:
If we are the recorded representative, no new PoA is required. We can proceed immediately upon your instruction.
If we are taking over representation, to access the file, examine the opposition documents, and submit the response petition on your behalf, a simple signed Power of Attorney (PDF copy) is sufficient. No hard copy or notarization is needed.
Evidence (For Opposition or Response): Depending on the specific legal grounds relied upon in the opposition or the defence strategy adopted in the response petition, various supporting evidence may be required to strengthen the claims. If such documents are necessary during the process, submitting high-quality PDF scans to our firm is sufficient.
Conclusion: Strategic Partnership in Turkey
Trademark registration in Turkey requires active management of the opposition and appeal phases. Whether enforcing prior rights against a new application or defending a client's mark against an opposition, proceeding with an experienced Trademark Attorney is essential to prevent loss of rights.
Goklu Law & IP Firm acts as a strategic partner for international IP firms, ensuring that deadlines are met and complex legal arguments (such as bad faith or non-use defences) are effectively presented.
For fee schedules regarding oppositions, responses, or our trademark monitoring service, please contact us at info@goklulaw.com.
Key Contact:
Founding Partner | Attorney at Law | Trademark & Patent Attorney
