Appeal Against Registration Decision

What Is an Appeal Against a Trademark Decision?

It is a procedure that can be filed within set time limits against trademark decisions issued by the Turkish Patent and Trademark Office (TÜRKPATENT).

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What Is an Appeal Against a Decision?

An appeal against a decision is a request for TÜRKPATENT to review a decision it has issued on your trademark application. Appeals must be filed within two months of notification of the decision and are determined by the Re-examination and Evaluation Board. The deadline is strict: if it passes, the decision becomes final.

Which Decisions Can Be Appealed?

  • Partial or total refusal on absolute grounds
  • Refusal following a successful third-party opposition
  • Rejection of an opposition you filed
  • Decisions narrowing the list of goods and services

What Makes an Appeal Strong

An appeal must answer the reasoning of the decision point by point. Concrete evidence and legal grounds work; general assertions do not.

  1. The grounds for refusal are analysed in detail
  2. Arguments are built on distinctiveness, acquired distinctiveness through use, or sectoral difference
  3. Evidence of use is compiled — invoices, advertising, sales data, social media and press coverage
  4. Comparable Office and court decisions are cited
  5. Where useful, a narrowing of the goods and services list is offered to find common ground

Frequently Asked Questions

Two months from notification of the decision. The period cannot be extended and a late appeal is rejected without examination.

A final decision of the Re-examination and Evaluation Board can be challenged by an annulment action before the Ankara Civil IP Court within two months of notification.

Nothing stops you using it commercially, but because registration is not complete you cannot rely on the infringement provisions of the Industrial Property Law and should not use the ® symbol.

It depends on the grounds. Where the objection can be overcome — for example a refusal limited to certain classes — an appeal is usually faster and cheaper. If the mark itself lacks distinctiveness, a new mark may be the better route.

It depends on the Office’s caseload. The application remains suspended until the decision issues, so registration cannot progress in the meantime.
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