Question 1

What is trademark watching and why is it needed?

Accepted Answer

Trademark watching is the regular monitoring of new applications published in the Official Trademark Bulletin by comparing them with your mark. TÜRKPATENT mostly examines relative grounds for refusal, such as likelihood of confusion with earlier marks, not on its own initiative but upon opposition. It is therefore up to the trademark owner to notice a similar application and oppose it in time. At Kupon Patent we carry out this monitoring on your behalf.

Question 2

What is the Official Trademark Bulletin and how often is it published?

Accepted Answer

The Official Trademark Bulletin is the official publication announcing trademark applications that have passed examination on formal requirements and absolute grounds for refusal. It is published electronically by TÜRKPATENT and can be accessed on the Office’s website. The Bulletin is published twice a month, in 24 issues per year. Our watching service screens every new issue.

Question 3

How long is the period to oppose a mark published in the Bulletin?

Accepted Answer

An opposition against a trademark application published in the Bulletin can be filed within two months from the publication date. The opposition is filed with the Office in writing and with reasons. If the reasons are not submitted within this period, the opposition is deemed not to have been filed. The official opposition fee must also be paid within the same period and the payment notified to the Office. Because the period is short, it is important to detect similar applications early.

Question 4

Who can oppose a published trademark application?

Accepted Answer

The law provides that oppositions against publication may be filed by interested parties. In oppositions based on similarity and likelihood of confusion, this is usually the owner of an earlier mark or right. Apart from that, anyone may submit observations to the Office that the application cannot be registered on absolute grounds for refusal; however, the person submitting observations does not become a party to the proceedings.

Question 5

How is similarity between trademarks assessed?

Accepted Answer

Two elements are considered together: whether the signs are identical or similar, and whether the goods and services covered are identical or similar. If these similarities create a likelihood of confusion, including the likelihood that the public will associate the two marks, the application is refused upon opposition. Spelling, pronunciation, meaning and visual impression are decisive in this assessment. We prepare our reports according to these criteria.

Question 6

Why is watching important for well-known marks?

Accepted Answer

Well-known marks enjoy broader protection under the law. Where, because of the reputation a mark has reached in Türkiye, an application could take unfair advantage of it, harm its reputation or impair its distinctiveness, oppositions can also be filed against applications for different goods and services. For this reason, when watching well-known marks we cover applications in other classes too, not only your own class.

Question 7

What can I do if I miss the opposition period?

Accepted Answer

Once the two-month opposition period has passed, the route of opposing the publication is closed and the application may proceed to registration. In that case, interested parties may ask the court to invalidate the mark if the conditions in the law are met. However, court proceedings take longer and cost more than an opposition. In addition, a trademark owner who has knowingly tolerated the use of a later mark for five years generally cannot request invalidation.

Question 8

Can trademark applications abroad also be watched?

Accepted Answer

Yes. The watch scope can be extended according to the countries where your mark is protected or where you do business. International applications filed through the Madrid System are published by WIPO. European Union trademark applications are announced by EUIPO. Since each country’s opposition period and procedure may differ, we determine the deadlines for watching abroad separately according to the rules of the country concerned.

Similar application	LUMIA · class 9
Bulletin	April, issue 2
Similarity	Spelling and pronunciation very close
Recommendation	Opposition to publication
Opponent	Earlier right holder (you) · your attorney Kupon Patent
Last day to oppose	14 June

Marka izleme

What is trademark watching?

How do we proceed?

Watch scope

Bulletin screening

Similarity assessment

Reporting

Opposition support

What do we monitor?

Identical or close spelling

Phonetic similarity

Logos and figurative elements

Goods and services classes

Sector and competitor filings

Opposition deadline record

The watching difference

Without watching

Watching with Kupon Patent

Publications monitored

Who is it for?

Identify potential risks in time

Monitored trademark

Similar application

Comparison

Your trademark is registered today.

From 81 provinces and from all over the world.

It is all in the bulletin. Twice a month, 24 a year.

A familiar name in April.

The clock has started.

An unnoticed application becomes a registration.

We notice before you have to.

Let’s put your trademark under watch.

LUMİYA^®

Official Trademark Bulletin

Trademark watching request

Trademark Watching Service