After every trademark application is examined by the Turkish Patent and Trademark Office (TPTO) for Absolute Grounds for Refusal, and if no grounds for refusal are found, it is published in the Official Trademark Bulletin for a period of two months. During this period, third parties may file an opposition against the trademark. When an applicant or their representative faces such a situation, the following steps should be taken:
- Review the details of the opposition: It is crucial to carefully review the details of the opposition when preparing a potential counterviewt. The grounds of the opposition and how the opponent substantiates them should be thoroughly examined, as they will form the basis of the response.
- Examine the class similarity: Check whether the classes of the opponent’s trademark(s) and the application overlap. Even if they do not directly overlap, it should be examined whether a relationship between the classes can be established.
- Submit a counterview: Submitting a counterview to the opposition has become even more important, especially after the introduction of the use proof request under the Industrial Property Code No. 6769. One of the key aspects of the counterview is to address the grounds of the opposition, justify the response, and support it with precedents where possible.
- Request for proof of use: If more than five years have passed since the registration date of the trademarks used as the basis for the opposition (calculated by counting five years back from the application date), a proof of use request can be made.
How to calculate the proof of use request: Count back five years from the application date, and if the registration date of the opponent’s trademark precedes this date, a proof of use request can be made for the respective trademark.
Example: For an opposition against a trademark application dated September 14, 2024, to request proof of use for the trademark cited as the basis of opposition, the registration date of that trademark must be on or before September 13, 2019.
If an opposition is filed against your trademark application, please feel free to contact us at any time.
