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Kupon Patent

Trademark Oppositions

SERVICE SCOPE

What do we review in an opposition file?

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How do we proceed?

We keep the calendar so that you do not miss opposition and reply deadlines.

  • Bulletin and decision tracking: We monitor similar applications in the Bulletin and Office decisions concerning your file.
  • Legal assessment: We examine the similarity, the rights you can rely on, and the strengths and weaknesses of the opposition.
  • Reasoned opposition: We file the opposition and evidence in writing, with reasons, within the two-month period.
  • Replies and additional documents: We respond to the other side’s observations and to the Office’s requests for further information.
  • Decision and next steps: We review the decision and, if needed, plan a YİDK appeal or court action.

Opposition to publication and appeal against an Office decision (YİDK)

An action against a YİDK decision can be brought before the Ankara Intellectual and Industrial Property Rights Civil Court.

  • Opposition to publication
  • Filed against a trademark application published in the Bulletin.
  • Submitted within two months from the publication date.
  • Based on the grounds for refusal in SMK Art. 5 and Art. 6.
  • Appeal against an Office decision (YİDK)
  • Filed by the party adversely affected by the Office decision.
  • Submitted within two months from notification of the decision.
  • Examined by the Re-examination and Evaluation Board (YİDK).

What should you do if your application is opposed?

If your application is opposed, the Office asks you to submit observations within a set period. If no observations are submitted, the opposition is examined on the documents on file. If the mark on which the opposition is based has been registered in Türkiye for at least five years, you may request that the opponent prove genuine use of its mark during the last five years. If use is not proven, the opposition is rejected. Where it considers it appropriate, the Office may also encourage the parties to settle. We prepare your observations and strategy together.

Who needs a trademark opposition?

  • Owners who see an application similar to their mark in the Bulletin
  • Applicants who receive notice of an opposition
  • Applicants whose application was partly or fully refused
  • Companies wishing to protect their trade name
  • Foreign companies whose mark is imitated in Türkiye
  • Companies watching a large trademark portfolio