Opposition to Publication

What Is Opposition to Publication?

Opposition to publication is an objection filed against a trademark application published in the Official Trademark Bulletin by the Turkish Patent and Trademark Office (TÜRKPATENT). It notifies the Office of grounds that may prevent registration.

Opposition to Publication / Bulletin

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What Is Opposition to Publication?

Opposition to publication is a request to TÜRKPATENT not to register a trademark application that has appeared in the Official Trademark Bulletin. It must be filed within two months of the publication date. The deadline is strict: once it passes the application proceeds to registration and only a court action for invalidity remains.

Main Grounds for Opposition

  • Identity with, or likelihood of confusion with, your earlier mark
  • Unfair advantage taken of the reputation of your well-known mark
  • Earlier rights such as a trade name, business name or domain name
  • Copyright, personality rights or rights in a photograph
  • The application having been filed in bad faith
  • Filing by a commercial agent or representative without the owner’s consent

How the Process Runs

  1. Detection. The Bulletin is monitored to spot similar applications. Skip this and the two-month window can pass unnoticed.
  2. Preparation. Evidence of your earlier right and of the similarity is compiled.
  3. Filing. The opposition and its annexes are submitted to TÜRKPATENT in time.
  4. Counter-statement. The Office notifies the applicant and allows time to respond.
  5. Decision. The Trademarks Department decides; the decision can be appealed within two months.

Frequently Asked Questions

Two months from publication in the Official Trademark Bulletin. It cannot be extended.

No. An earlier application, trade name, copyright or an allegation of bad faith can also ground an opposition. Relying on a registered mark is nevertheless the strongest position.

Yes. If the mark you rely on has been registered for more than five years, the applicant may request proof of use. You must then show genuine use, or the opposition may be rejected.

If registration is granted after the administrative period expires, an invalidity action can be brought before the Civil IP Court. That route is longer and more costly.

The Bulletin is published regularly and manual monitoring is impractical. A trademark watch service reports similar applications as soon as they publish.
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