Absolute Grounds for Refusal in Trademark Applications & Appeal Processes in Turkey
- Evren Fırat Göklü
- Dec 13, 2025
- 5 min read
Updated: Dec 25, 2025
Filing a trademark application in Turkey is the first step towards protection, but it does not guarantee registration. Before a trademark is published in the Official Bulletin, it undergoes a detailed ex-officio examination in terms of absolute grounds for refusal by the Turkish Patent and Trademark Office (“TURKPATENT”) examiners.
During this phase, many international and national applications face provisional refusal decisions based on "Absolute Grounds". Overcoming these refusals requires not just a simple petition but a sophisticated legal argument tailored to Turkish precedents.
At Goklu Law & IP Firm, we are doing our best to turn refusals into registrations. With our deep understanding of the Industrial Property Code No. 6769 ("Code 6769") and the practice of the Re-examination and Evaluation Board ("the Board"), we draft comprehensive appeal petitions that address the specific legal grounds of the refusal, maximizing the chances of success for our foreign clients and associates.
The Examination Phase: Absolute Grounds for Refusal
Once a trademark application is filed, TURKPATENT examines whether the sign meets the registration criteria defined in Article 5 of the Code 6769. Unlike "Relative Grounds" (which are raised by third parties during the opposition period), "Absolute Grounds" are raised directly by the TURKPATENT to protect the public interest.
If the examiner finds a deficiency, a provisional refusal decision (partial or total) is issued. All of the absolute grounds for refusal encountered by foreign and national applicants under Article 5/1 are as follows:
Article 5/1(a) - Non-Compliance with Definition: Signs that do not meet the definition of a trademark (e.g., cannot be represented in the register).
Article 5/1(b) - Non-Distinctive Character: Signs which are devoid of any distinctive character. This is the most frequent ground for refusal for slogans or overly simple logos.
Article 5/1(c) - Descriptive Signs: Signs that consist exclusively of indications which serve to designate the kind, type, characteristics, quality, quantity, intended purpose, value, or geographical origin of the goods or services (e.g., using "BEST COFFEE" for a coffee brand).
Article 5/1(ç) - Identical or Indistinguishably Similar: Signs that are identical to or indistinguishably similar to a trademark that has already been registered or applied for regarding the same or same type of goods/services.
Article 5/1(d) - Generic/Customary Signs: Signs that have become customary in current and established trade practices.
Article 5/1(e) - Shape & Functional Characteristics: Signs which consist exclusively of the shape or another characteristic which results from the nature of the goods themselves, or which is mandatory to obtain a technical result, or gives substantial value to the goods.
Article 5/1(f) - Deceptive Signs: Signs which would deceive the public, for instance, as to the nature, quality, or geographical origin of the goods or services.
Article 5/1(g) - Paris Convention (Art. 6ter): Signs which shall be refused pursuant to Article 6ter of the Paris Convention (e.g., state flags, official emblems).
Article 5/1(ğ) - Other Official Emblems: Signs other than those covered by Article 6ter, which are of public interest and contain historical/cultural values, emblems, badges, or escutcheons for which the consent of the competent authority has not been given.
Article 5/1(h) - Religious Values: Signs that contain religious values or symbols.
Article 5/1(ı) - Public Policy & Morality: Signs which are contrary to public policy or to accepted principles of morality.
Article 5/1(i) - Geographical Indications: Signs which consist of a registered geographical sign or which contain a registered geographical sign.
The Appeal Process: Challenging the Refusal Decision
Receiving a refusal decision is not the end of the road. The applicant has the legal right to appeal this decision before the Board, which acts as the higher administrative authority within TURKPATENT.
Please note that the appeal must be filed within 2 months from the notification date of the refusal decision. This deadline is strict and non-extendable.
The most critical mistake in trademark appeals is filing generic petitions. At Goklu Law & IP Firm, we adopt a strategy strictly focused on the specific ground of refusal. For instance, if a trademark is refused under Article 5/1(ç) (Identical or Indistinguishably Similar):
Our Strategy: We believe arguing that the prior trademark owner acted in bad faith or that you have the real ownership rights is the wrong strategy. These are issues for separate invalidation lawsuits or oppositions, not for this administrative appeal. focus on proving "Dissimilarity. We analyze the visual, phonetic, and conceptual differences between the marks, the differences in the target consumer groups, and the distinctiveness of the goods/services. We cite High Court precedents and previous Board decisions to prove that the marks can coexist. Beyond these arguments, we explore every legal avenue to secure the registration of our client’s trademark. We provide comprehensive solutions, including obtaining a Letter of Consent, initiating an Administrative Cancellation action against the opponent due to non-use, or reaching an amicable Settlement.
Similarly, if the refusal is based on descriptiveness (5/1-c), we focus on proving that the mark has acquired distinctiveness through use or requires a minimal level of imagination from the consumer, thus escaping the descriptiveness prohibition.
Required Documents for Appeal
To file an appeal against a refusal decision, we require:
Instruction: Confirmation to proceed with the appeal.
Appeal Petition: A comprehensive legal brief prepared by our attorneys (no input needed from the client other than evidence of use if applicable).
Proof of Payment: Official appeal fee.
Power of Attorney: If we are already the recorded representative, no new PoA is needed. If we are taking over the file, a simple signed PDF copy of the PoA is sufficient. No notarization is needed.
Final Step: Cancellation of the Board Decision Lawsuit (Court Action)
The decision given by the Board is the final administrative decision of TURKPATENT.
If the Board accepts our appeal, the registration procedure continues, and the trademark application is published in the Official Trademark Bulletin.
If the Board refuses our appeal, the administrative remedies are exhausted. In case of refusal, the only legal remedy is to file a Lawsuit for the Cancellation of the Board Decision before the Ankara Intellectual and Industrial Property Rights Civil Court. This lawsuit must be filed within 2 months of the notification of the Board's final refusal decision.
Assistance for International Clients
Navigating Turkish trademark regulations and overcoming "Absolute Grounds" refusals requires local expertise and a strategic approach. Goklu Law & IP Firm provides precise, deadline-oriented, and effective legal representation for international appeals.
If your trademark application in Turkey has faced a refusal, please contact us immediately at info@goklulaw.com to evaluate your chances of appeal before the 2-month deadline expires.
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