Trademark refusal or partial publication in Türkiye: what to do next

Full refusal, partial refusal and partial publication

A full refusal covers all goods and services in the application. A partial refusal covers only some of them; the rest can proceed to publication. Under Article 16(1) of the Industrial Property Law No. 6769, the Office examines the application against the absolute grounds in Article 5. If the mark cannot be registered for some or all of the listed goods or services, the application is refused for those goods or services. If the application is refused only in part, the Bulletin publication also states which goods or services were refused. If a refusal is decided after the application has been published, the refusal decision is published separately.

Common grounds: Article 5 and Article 11

• Article 5 (absolute grounds). Examples: no distinctive character (5/1-b); signs that consist exclusively or essentially of descriptive terms (5/1-c); signs customary in trade (5/1-d); misleading signs (5/1-f); signs contrary to public order or morality (5/1-ı); signs identical or indistinguishably similar to an earlier registered or earlier-filed mark for the same or same-type goods or services (5/1-ç). Some grounds can be overcome, for example through acquired distinctiveness for grounds (b), (c) and (d) (Art. 5/2) or, for ground (ç), a notarised consent of the earlier owner (Art. 5/3).
• Article 11 (application requirements and classification). Refusals under this article are often linked to how goods and services are classified or worded. The Office may correct classes (Art. 11/3), and obvious clerical errors can be corrected on request (Art. 11/6).

We usually cannot see the Office's detailed reasoning until the decision itself is reviewed. A first assessment is based on the decision text and the goods/services list.

Madrid Protocol (WIPO) designations

An international registration designating Türkiye has the same effect as a direct application (Article 14 of Law No. 6769) and is examined by TÜRKPATENT under the Madrid Protocol and its Common Regulations. In Madrid terminology, a refusal communicated by the Office is called a "provisional refusal". The decision is notified through WIPO: to the holder's representative if one is appointed, otherwise to the holder. As with every refusal decision, the time limit is two months from the notification date, so this date 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 is the notification date determined?

For Madrid designations, the decision is notified through WIPO, to your representative if you have one, otherwise to you. For national applications, Article 160 of Law No. 6769 applies: a notification to your Turkish attorney is deemed made to you; electronic notifications are deemed made when the recipient first logs in to the electronic mailbox, and in any case at the end of the tenth day after the document was placed in it; notifications made through the Bulletin are deemed made seven days after the Bulletin is published. We check how and when your decision was notified before calculating any deadline.

The objection to the Office's decision

Under Article 20 of Law No. 6769, a party harmed by the Office's decision may object to it within two months from the date the decision is notified. The objection is filed with a signed objection form that states the grounds in detail, with the relevant articles. The grounds and the fee can be completed within the objection period; if they are not, the objection is deemed not filed, and the grounds cannot be changed or supplemented after the period ends. Objections are examined by the Office's Board (Article 21). Because the period starts with notification, the date and manner in which the decision was notified should be confirmed before the deadline is calculated.

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 three ways:

1. Review the decision, the notification date and the goods and services list, and tell you what to check first.
2. Give our comments on the grounds (Article 5, Article 11 or other) and on the options, for example arguing the refusal, limiting or reclassifying the list, or accepting the partial result.
3. 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 decision and give you a second opinion. We do not replace your counsel.

• Opposition filed against your application instead? See how to respond with a counter-opinion. →
• Not sure which class your goods or services belong to? Try our trademark class finder. →