An opposition against a published trademark application is filed with TÜRKPATENT in writing and with reasons within two months of publication (Article 18 of the Industrial Property Code). The period is one of forfeiture: once missed, this route closes and the only remaining option is an invalidation action after registration.
This article is a guide for the opponent. If an opposition has been filed against your own application, we deal with the defensive side in An Opposition Has Been Filed Against My Trademark — What Now?
How the Process Works
- Publication. An application that passes examination is published in the Official Trademark Bulletin.
- The two-month window. Interested parties may oppose during this period.
- Notification and observations. The Office notifies the applicant, who is given one month to submit observations.
- Proof of use (if requested). If the applicant requests it, you may be required to prove genuine use of the mark relied on.
- Decision. The Office allows the opposition in whole or in part, or rejects it.
If the decision goes against you, you may appeal to the Re-examination and Evaluation Board within two months of notification.
On What Grounds Can You Oppose?
Likelihood of confusion (Article 6/1)
The most frequently used ground. Two conditions are required together: similarity of the signs and identity or similarity of the goods and services. There is a balancing relationship between them — where the signs are very close, a lower degree of proximity in goods may suffice.
The criteria are set out in Likelihood of Confusion.
Reputation
Where, because of the level of recognition your mark has reached in Türkiye, use would take unfair advantage of or be detrimental to its repute even in different goods and services, this may found an opposition. The ground demands strong evidence: market share, advertising investment, press visibility, continuity.
Earlier rights
A trade name, business name, geographical indication, copyright or a priority right arising from unregistered use may also found an opposition. The key element here is date: you must document that your right arose before the opposed application.
Bad faith
Circumstances showing that the application was made for a purpose incompatible with commercial honesty — for example, someone in a business relationship with you attempting to register your mark in their own name. A bad-faith allegation works where concrete documents evidencing the relationship can be placed on file.
Absolute grounds (Article 5)
Grounds such as lack of distinctiveness, descriptiveness or deceptiveness may also be raised by third parties. This ground is available even if you hold no earlier right of your own.
Evidence That Strengthens an Opposition
The pleading alone is not enough. Concrete evidence determines the outcome:
- Evidence of use: dated invoices, catalogue and packaging images, advertising expenditure, social media and web archive records.
- Proof of date: the earliest documents showing when your mark was first used.
- Market overlap: the same distribution channel, the same target audience, the same shelf.
- Instances of actual confusion: misdirected customer enquiries, invoices, messages.
There is a further reason to prepare the evidence at the outset: if your mark is more than five years old, the applicant may request proof of use (Article 19). Where such a request is made you are given one month to file evidence, and material submitted after that period is not taken into account. If you cannot prove use, your opposition is rejected.
Pre-Opposition Checklist
| Check | Why it matters |
|---|---|
| Publication date and end of the two-month period | The period is one of forfeiture |
| Date of the right you are relying on | Priority must be proved |
| Overlap of goods and services at sub-group level | The second condition of the similarity test |
| Is your mark more than five years old? | Be ready for a proof-of-use request |
| The use evidence you hold | Must be filed within one month if requested |
| Payment of the fee within the period | Otherwise the opposition is deemed not filed |
Catching the Problem at Source: Bulletin Monitoring
The right to oppose is only useful for applications you know about. The Official Trademark Bulletin is published at regular intervals and the two-month period starts running with publication; nobody sends you a notice.
Systematic monitoring of the bulletin is the only practical way to stop a similar application before it registers. Once the period is missed, the only remaining route is an invalidation action in court — longer, more costly and less certain in outcome.
We explain how monitoring works in Trademark Watch and Bulletin Monitoring; our trademark watch service runs it on your behalf.
Who Can Oppose?
The concept of "interested party" is broader than commonly assumed: not only trademark proprietors but holders of earlier rights and, as regards absolute grounds, third parties generally may oppose. See Who Can Oppose a Trademark Application?
Get Support
The fate of an opposition often depends less on the pleading than on the quality of the evidence filed. If there is an application you are considering opposing, the clock is already running: let our legal protection team build the similarity assessment and the evidence file with you.