# My Trademark Application Was Refused — What Now? > If your trademark application was refused you have two months to appeal. The Board process, arguments that work, consent, and the court stage. - Canonical: https://www.webx.net.tr/en/blog/how-to-appeal-a-trademark-refusal - Language: en - Last updated: 2026-08-20 - Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/) _Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._ --- If your trademark application has been refused, the first thing to do is **note the date**: the appeal period is **two months** from notification of the decision (Article 20 of the Industrial Property Code). Within that period the appeal must be submitted in writing with reasons, and the appeal fee must be paid. Second, read the decision and identify **the type of ground** — because the route you take depends on it: - **Absolute ground (Article 5):** the ground is the mark itself (descriptive, non-distinctive, identical mark already on the register). TÜRKPATENT identified it of its own motion. - **Relative ground (Article 6):** the ground is somebody else's earlier right and the decision followed an opposition. ## What Can Be Done, by Ground | Ground of refusal | Strongest route | Alternative | | --- | --- | --- | | Descriptiveness / lack of distinctiveness | Evidence of distinctiveness acquired through use | Add a distinctive element and refile | | Indistinguishably similar earlier mark | Letter of consent | Narrow the scope | | Likelihood of confusion (on opposition) | Reasoned appeal on the similarity assessment | Consent, narrowing | | Well-known mark opposition | Separation of field and consumer profile | Narrow the scope | | Partial refusal | Appeal only for the refused items | Proceed with the remaining scope | ## Step 1: Read the Decision Carefully A refusal decision states which goods and services were refused, the earlier mark or ground relied on, and the legal provision applied. Note all three. In particular, do not overlook the possibility of a **partial refusal**: your application may have been refused only for certain classes. Where that is so, the remaining scope continues through the process and your appeal can be concentrated on the refused items. ## Step 2: Prepare a Complete Appeal A critical procedural rule: **once the appeal period expires, the grounds cannot be changed and no new grounds may be added.** "File now, complete it later" does not work. The submission must be complete before the deadline. The approaches that work differ by ground. ### Against descriptiveness The strongest argument is that the mark has **acquired distinctiveness through use**. That requires dated and measurable evidence: - Sales volumes over several years and sample invoices - Advertising and promotional expenditure - Press coverage and trade publications - Market share figures, consumer surveys - Web archive records and social media reach statistics The second argument is that the sign is only suggestive rather than directly descriptive, and should therefore be treated as distinctive. ### Against similarity Address both limbs of the assessment separately: - **At the level of the signs:** set out the visual, phonetic and conceptual differences one by one. Establish that the shared element is a weak, common word in the sector. - **At the level of goods and services:** show that being in the same class is not sufficient, and that the sub-groups, distribution channels and target consumers diverge. The criteria are set out in [Likelihood of Confusion](https://www.webx.net.tr/en/blog/likelihood-of-confusion-in-trademark-law). ### In both cases Write concretely and by reference to the file. General statements such as "our marks are different" add nothing to the assessment; you must show in which criterion, and on what evidence, the difference emerges. ## Step 3: Consider Consent Where the refusal rests on an earlier mark, the shortest route is sometimes commercial rather than legal. If the earlier proprietor consents in writing to your registration, the obstacle can be removed that way. Consent is a realistic option particularly where the parties operate in different regions, where the product groups do not in fact overlap, or where the other side is mainly seeking a narrowing of scope. See [Registration with a Letter of Consent](https://www.webx.net.tr/en/blog/trademark-registration-with-a-letter-of-consent). ## Step 4: The Board Examination The appeal is examined by the **Re-examination and Evaluation Board**, a body separate from the unit that issued the refusal. The Board reassesses the file and may allow the appeal in whole or in part, or dismiss it. The time taken varies with the nature of the file and the Office's workload; no fixed period can be promised. ## Step 5: If the Board Dismisses — the Court Route The Board decision is the final stage of the administrative process. If it goes against you, you may bring an action for annulment before the **Ankara Civil Court for Intellectual and Industrial Property Rights within two months** of notification. At this stage the file is no longer an administrative submission but litigation, with expert examination and court procedure. See [Appealing a Board Decision in Court](https://www.webx.net.tr/en/blog/appealing-a-turkpatent-board-decision-in-court). ## Appeal, or a Fresh Application? The choice depends on the ground: - **If the refusal arises from the mark itself** and you are open to changing it, a fresh application with a distinctive element added is usually faster. - **If the refusal rests on another mark**, a new application in the same name meets the same obstacle. Appeal, consent or narrowing is then required. If you decide to refile, check [the existing register](https://www.webx.net.tr/en/blog/how-to-do-a-trademark-search) first so as not to repeat the mistake. For the full set of grounds see [Why Are Trademark Applications Refused?](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused) ## The Clock Is Running The appeal period is a forfeiture period and cannot be extended. Share your refusal decision and application details, and our [legal protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma) team will set out an appeal strategy and evidence list matched to the ground before the deadline. ## Frequently Asked Questions ### How long do I have to appeal a refusal? An appeal must be filed with TÜRKPATENT in writing and with reasons within two months of notification of the decision (Article 20). The appeal fee must also be paid within that period, failing which the appeal is deemed not to have been filed. ### Who examines the appeal? The Re-examination and Evaluation Board, a body separate from the unit that issued the refusal. It reassesses the file. ### Can I add new grounds after filing the appeal? No. Once the appeal period has expired the grounds cannot be changed and no new grounds may be added. The appeal must therefore be complete before the deadline. ### What if the Board also refuses? You may bring an action for annulment of the decision before the Ankara Civil Court for Intellectual and Industrial Property Rights within two months of notification of the Board decision. ### Should I appeal or simply file again? If the refusal arises from the mark itself (descriptiveness, for instance) and you are open to changing the name, a fresh application is often quicker. If the refusal rests on an earlier mark, a new application in the same name meets the same obstacle; appeal, consent or narrowing must be considered instead. ### What improves the chances of a successful appeal? Concrete evidence directed at the specific ground. Against descriptiveness, sales and advertising records showing distinctiveness acquired through use; against similarity, documents establishing the separation of goods, channels and consumer profile. ## Related Resources - [Legal Protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma): Explains attorney support for bulletin oppositions, appeals against refusals, counter-statements and trademark infringement cases. - [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate. - [Why Are Trademark Applications Refused?](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused): Why are trademark applications refused? Absolute grounds under Article 5 and relative grounds under Article 6, which are raised ex officio, and how to avoid refusal. - [Challenging a Board Decision in Court: The Final Avenue of Appeal](https://www.webx.net.tr/en/blog/appealing-a-turkpatent-board-decision-in-court): Appealing a TÜRKPATENT Board decision in court: the two-month deadline, competent court, parties, likely outcomes and alternatives worth considering first. - [How Do You Register a Trademark Using a Letter of Consent?](https://www.webx.net.tr/en/blog/trademark-registration-with-a-letter-of-consent): What is a trademark letter of consent and how do you obtain one? Notarisation, use after a refusal, risks for the consenting party and negotiation tips. - [Can a Similar Trademark Cause Refusal?](https://www.webx.net.tr/en/blog/can-a-similar-trademark-cause-refusal): Is a similar mark always a ground for refusal? What the Office refuses of its own motion, what needs an opposition, and how to register anyway. - [How to Prepare an Evidence File for Trademark Proof of Use](https://www.webx.net.tr/en/blog/trademark-proof-of-use-evidence): Trademark proof of use in Turkey: which evidence counts, which five years apply, how to organize the file. A step-by-step guide for opposition and revocation. - [Acquired Distinctiveness Through Use: Can a Descriptive Mark Be Registered?](https://www.webx.net.tr/en/blog/acquired-distinctiveness-through-use): Can a descriptive trademark be registered in Turkey through acquired distinctiveness? SMK Article 5(2) conditions, timing, evidence and how to build the file.