Trademark opposition in Turkey is a critical legal mechanism that allows third parties to prevent the registration of conflicting trademarks. Under Turkish Industrial Property Law No. 6769, opposition procedures have become faster, more structured, and evidence-based.
This page provides an overview of how trademark opposition works in Turkey, deadlines, legal grounds, and how trademark owners can protect their rights effectively.
Legal Basis for Trademark Opposition in Turkey
Trademark opposition proceedings in Turkey are governed by Industrial Property Law No. 6769, which entered into force on 10 January 2017 and introduced significant changes to Turkish trademark practice.
Key objectives of the law include:
Encouraging genuine use of trademarks
Preventing abuse of opposition procedures
Accelerating trademark registration timelines
Trademark Examination and Publication Process
Before publication, trademark applications are examined ex officio by the Turkish Patent and Trademark Office (TPTO) for absolute and relative grounds for refusal.
If no refusal grounds are identified during examination:
The trademark is published in the Official Trademark Bulletin
A 2-month opposition period starts from the publication date
Important: The opposition period was reduced from 3 months to 2 months, making timely action essential.
Who Can File a Trademark Opposition?
During the publication period, any natural or legal person — including manufacturers, producers, suppliers, traders, or consumer associations — may file a trademark opposition, even if they are not a party to the application proceedings.
Grounds for Trademark Opposition in Turkey
Trademark opposition may be based on several legal grounds, including:
Likelihood of confusion with an earlier trademark
Similarity of goods and services
Bad faith, which is now recognized as both:
An absolute ground for refusal
A valid basis in opposition, appeal, and invalidation actions
Proof of Use Requirement
If the earlier trademark relied upon in an opposition has been registered for more than 5 years, the applicant may request proof of genuine use.
In such cases, the opponent must demonstrate:
Actual commercial use of the trademark in Turkey
Use for the goods and services claimed
This requirement aims to:
Prevent defensive registrations
Encourage active trademark use
Eliminate abusive opposition practices
Opposition Procedure Before the TPTO
The opposition process includes the following stages:
Filing a written opposition within the 2-month publication period
Submission of supporting evidence and Power of Attorney
Applicant’s counter-statements
Evaluation by TPTO examiners
Issuance of an administrative decision
Failure to submit grounds, evidence, or Power of Attorney at the time of filing will result in the opposition being deemed not filed.
Appeals Against TPTO Decisions
Parties adversely affected by TPTO decisions may file an appeal before the Re-Examination and Evaluation Board of the TPTO.
Appeal deadline: 2 months from the notification date
Appeals must be filed through the Turkish Patent and Trademark Office
International Trademark Applications Designating Turkey
International trademark applications designating Turkey under the Madrid Protocol are treated the same as national applications.
They are examined and published for a 2-month opposition period
If protection is refused due to opposition, the refusal is notified to WIPO within the 18-month period
Trademark Opposition Services by Efor Patent
Efor Patent provides comprehensive trademark opposition services in Turkey, including:
Filing and defending trademark oppositions
Preparation of legal arguments and evidence
Proof of use assessments
Counter-statements and appeals
Strategic monitoring of conflicting applications
Our service fees are calculated based on the time spent on preparation, with capped and transparent pricing.
Protect Your Trademark Rights in Turkey
Trademark opposition deadlines in Turkey are strict and non-extendable. Missing the publication window may lead to permanent loss of rights.
Contact Efor IP for professional trademark opposition support in Turkey.
efor@eforpatent.com
