Trademark guide · Türkiye

Opposition against your trademark application in Türkiye: submitting a counter-opinion

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After TÜRKPATENT publishes a trademark application in the Official Trademark Bulletin, third parties can file an opposition within two months from the publication, based on Article 5 or Article 6 of the Industrial Property Law No. 6769. When an opposition is filed, the Office asks the applicant for its views. This reply, the counter-opinion, is often the most important step in the procedure.

The time limit to submit your counter-opinion is one month from the date the Office's notification is made (the notification date). If the views are not submitted in time, the opposition is assessed on the documents already in the file.

Early warning with Mantix

We usually see it before the WIPO notification reaches you

Mantix analyzes every TÜRKPATENT Bulletin, so decisions published in the Bulletin are reported to you as soon as possible, often before the WIPO notification reaches you. The legal time limit starts with the notification date.

  1. Bulletin publication
  2. Mantix alertMantixreported as soon as the Bulletin is analyzed
  3. Notificationlegal time limit starts
  4. Response dueObjection: 2 months · Counter-opinion: 1 month, from notification

What happens after an opposition is filed?

  1. The application is published in the Bulletin. Opposition period: two months from publication (Article 18), on Article 5 or Article 6 grounds.
  2. The opponent files a written, reasoned opposition and pays the fee within that period.
  3. The Office notifies the applicant and asks for its views: one month from the notification date. The Office may ask both sides for additional information and documents, usually with a further one-month period.
  4. Until a decision is made, the parties can still submit additional information and documents in support of their arguments.
  5. If the Office concludes that the mark cannot be registered for some or all of the goods and services, the application is refused for those goods and services. Otherwise, the opposition is rejected.

What a counter-opinion can address

The counter-opinion responds to the grounds in the opposition: whether the marks and the goods or services are really identical or similar, whether there is a likelihood of confusion, the distinctiveness and the strength of the earlier mark, and, where relevant, whether the opponent has used its mark. It can be combined with limiting the list of goods and services where this makes sense. We help prepare the factual and strategic comments; the document itself is filed through the Turkish trademark attorney office.

Proof of use: when you can request it

In some oppositions you can ask the opponent to prove that its earlier mark has genuinely been used in Türkiye. This is possible when:

  • the opposition is based on Article 6(1) (an earlier identical or similar mark and likelihood of confusion), and
  • the opponent's earlier mark had been registered in Türkiye for at least five years on the application date (or priority date) of your application.

The request must be made in writing, clearly and without conditions, must state the registration numbers of the marks concerned, and must be made within the period you have to submit your views. A request that does not meet these conditions, or that is made late, is treated as not made.

The opponent is then given one month to show genuine use in Türkiye during the five years before your application (or priority) date, for the goods and services it relies on, or to give proper reasons for non-use. If it cannot, the opposition is rejected. If use is shown only for some goods or services, the opposition is examined only on those.

Proof of use does not apply to oppositions based only on Article 5 grounds. Because the dates and registration details decide whether the request is possible, we check them as soon as an opposition is reported.

Madrid Protocol (WIPO) designations

For international registrations designating Türkiye, the Office's notification is made through WIPO: to the holder's representative if one is appointed, otherwise to the holder. The one-month period runs from the notification date, so this is the first thing we check, together with the WIPO record (IR number, designated goods and services). Foreign holders must be represented by a Turkish trademark attorney: under Article 160(3) of Law No. 6769, persons residing abroad can only be represented by trademark or patent attorneys, and acts performed without one are deemed not made.

How we help

ARNO IP does not file before the Office itself. Proceedings in Türkiye are carried out by a registered Turkish trademark attorney office, and we work with one. We support you and your local counsel in four ways:

  1. Flag the opposition early through Mantix and confirm the notification date.
  2. Review the opposition grounds and compare the marks and the goods and services.
  3. Check whether proof of use can be requested and prepare the comments for your counter-opinion.
  4. Coordinate with the Turkish attorney office, so instructions, deadlines and documents are handled in plain English and nothing is missed.

If you already have a Turkish representative, we can still review the opposition and give you a second opinion. We do not replace your counsel.

Opposition filed against your application in Türkiye?

Tell us the notification date first. Send us the opposition details and we will tell you what to check, including whether proof of use can be requested.

Email us the notification date and the details of your case: ugur@arnoip.com

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FAQ

How long do I have to submit a counter-opinion?

One month from the date the Office's notification is made. The notification date is what counts, so check it carefully.

What happens if I do not respond in time?

The opposition is assessed on the documents already in the file, without your views.

Who can file an opposition and until when?

Interested persons can oppose within two months from the publication of the application in the Bulletin, based on Article 5 or Article 6 of Law No. 6769.

Can I ask the opponent to prove use of its earlier mark?

Sometimes. It is possible for oppositions based on Article 6(1) when the opponent's earlier mark had been registered in Türkiye for at least five years on the application or priority date of your application. The request must be made in writing, clearly and without conditions, with the registration numbers, within the period for your counter-opinion.

What happens if the opponent cannot prove use?

The opposition is rejected. If use is proven only for some goods or services, the opposition is examined only on those.

How is a Madrid (WIPO) designation notified?

The Office's notification is made through WIPO, to your representative if you have one, otherwise to you. The one-month period runs from the notification date.

Do I need a Turkish attorney to respond?

Yes. Persons residing abroad can only be represented before TÜRKPATENT by a trademark or patent attorney, and acts performed without one are deemed not made (Article 160(3) of Law No. 6769). ARNO IP works with a registered Turkish trademark attorney office and can support you and your existing local counsel with comments and coordination.

Is this legal advice?

ARNO IP is not a law firm. Filings before the Office are made by the registered Turkish trademark attorney office we work with. This page is general information, not legal advice.

General information only. Time limits and requirements depend on the specific procedure and its notification.