What stages does a trademark application go through at TÜRKPATENT, at which point can an opposition be filed, and when is the certificate issued? We explain the process in order.
Trademark registration is not a single transaction but a process made up of successive stages. Each stage has its own time limit and its own risk, which is why it is important to know the roadmap before filing.
1. Preliminary search. Before filing, a search is carried out to determine whether an identical or similar trademark has already been registered. This step is not mandatory, but it allows you to see the risk of opposition and refusal before the application is made.
2. Application. The application is filed with TÜRKPATENT, specifying the trademark specimen, the applicant’s details and the goods and services for which the trademark will be used (Nice classes). The filing date is important for priority and for the start of the protection period.
3. Formal examination and absolute grounds for refusal. The Office examines whether the application is complete and whether the trademark falls under any of the absolute grounds for refusal set out in the law (e.g. lack of distinctiveness, being descriptive).
4. Publication and opposition period. An application that passes examination is published in the Official Trademark Bulletin. Third parties may oppose the application within two months of the publication date (Industrial Property Law No. 6769 (SMK), Art. 18).
5. Registration. If no opposition is filed, or if the oppositions are rejected, the registration fee is paid, the trademark is registered and the certificate is issued.
The overall length of the process varies depending on the Office’s workload and on whether an opposition is filed. In files where an opposition is received, the process takes longer and the opposition must be answered within the time limit.
This article is for general information only; consult our attorney for an assessment of your specific case.
