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A trademark application does not always lead straight to registration. The office examines absolute grounds for refusal on its own motion, and once the application is published in the bulletin third parties may oppose it within the prescribed period. This category deals with what happens when the process goes against you: why an application is refused, within what time and how a decision can be appealed, and how to answer an opposition filed against your mark.
How likelihood of confusion is assessed, whether an earlier similar mark always blocks an application, when a letter of consent from the earlier right holder solves the problem, and how a court action against a decision of the Re-examination and Evaluation Board proceeds are all covered here. Opposition and appeal periods are strict deadlines, so the articles pay particular attention to the timing and to which document has to be filed at which stage.
The deadline for opposing a trademark application is two months from publication in the bulletin. We summarise how it is calculated, the other deadlines in the process, and what is...
Observations are the only document through which you exercise your right to be heard. We cover the one-month deadline, the structure of the submission and the arguments that change outcomes.
The right to oppose is not confined to registered proprietors. Trade name owners, unregistered users and — on absolute grounds — anyone at all may oppose.
The existence of a similar mark does not by itself mean refusal. We explain which level of similarity the Office refuses of its own motion and which takes effect only on opposition.
An opposition does not mean your application has been refused. We set out your observation deadline, the strongest defensive tool available to you, and the process step by step.
A decision from TÜRKPATENT's Board marks the end of the administrative process, but not the end of the road. We explain the court action to annul a Board decision, its deadline and the strategy behind it.
When are two trademarks considered "similar"? We explain the visual, phonetic and conceptual similarity tests, the goods/services relationship and the average-consumer standard, with examples.
If your application was refused because of an earlier identical mark, the road isn't closed. A letter of consent is an official document that lets the earlier owner clear the way for your registration.
If a published application harms your rights you have a two-month window. We explain how an opposition is filed, which grounds actually work, and how to prepare the evidence.
A refusal is not the end of the process. We set out your two-month appeal window, how the Board examination works, and which arguments genuinely change the outcome.
If you couldn't find an answer in our blog posts, our trademark experts will be happy to provide personal consultation.
