# Partial Refusal of a Trademark Application in Turkey: What to Do Next

> A partial refusal of a trademark in Turkey removes only some goods and services. Appeal within 2 months, division, consent letters and other options compared.

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- Last updated: 2026-09-22
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A partial refusal of a trademark application in Turkey is a decision that removes not the whole application but **only some** of the goods and services it covers: TÜRKPATENT (the Turkish Patent and Trademark Office) refuses the application for certain goods and services, and the process continues for the rest (Articles 16(1) and 19(3) of Industrial Property Law No. 6769 (SMK)). The decision can be appealed, with reasons, **within two months** of notification (Article 20); if it is not appealed, the refused part becomes final.

Below you will find the stages at which a partial refusal is issued, how to read the decision, the six options available after it, and a decision tree showing which route to take in which situation.

## What Is a Partial Refusal?

A partial refusal means a decision that a trademark application cannot be registered for some of the goods or services it covers. The SMK gives the Office the power to refuse an application "for some or all of the goods or services" both at the absolute-grounds examination (Article 16(1)) and at the opposition stage (Article 19(3)). In a total refusal, the application falls in its entirety; in a partial refusal, the mark keeps moving toward registration for the remaining scope.

A partial refusal works at item level, not at class level. Some items in a class may be accepted while others are refused, because under Article 11(4) of the SMK being in the same class does not create a presumption of similarity, and being in different classes does not create a presumption of dissimilarity. When an application partially refused at the absolute-grounds examination is published in the Bulletin, the refused goods and services are also shown separately in the publication (Regulation on the Implementation of the Industrial Property Law, the Regulation, Article 11(1)(d)).

## At What Stages Is a Partial Refusal Issued?

A partial refusal can reach you at three different stages and on three different types of ground. Which one you are at determines which tools will work.

### At the absolute-grounds examination (of the Office's own motion)

When the Office examines the application of its own motion against the grounds in Article 5 of the SMK, it may see an obstacle for some items only. A typical example is a sign that is descriptive only for certain goods. A fictional example: the term ÇITIRCA ("crunchy" in Turkish) describes a quality of snack products but carries no such meaning for clothing; the application may be refused for the items covering snack products and continue for clothing in class 25. An identical or indistinguishably similar earlier mark for identical or same-type goods and services (Article 5(1)(ç)) likewise leads to a partial refusal only for the overlapping items.

### On opposition to publication

A third party's opposition is often upheld only for goods and services identical or similar to those of the opponent's mark; the remaining items move on to registration (Article 19(3)). Proof of use can also narrow the outcome: if the opponent proves use of the earlier mark for only some of the items for which it is registered, the opposition is examined only on the basis of the goods and services for which use has been proven (Article 19(2)).

### On third-party observations

Once the application has been published, anyone may, until registration, submit observations that the mark cannot be registered on the absolute grounds in Article 5 (except Article 5(1)(ç)). If the Office finds the observations justified, it refuses the application in part or in full (Article 17(2)); refusals of this kind issued after publication are published separately in the Bulletin (Article 16(3)). We cover the full list of refusal grounds in our article on [why trademark applications are refused](https://www.webx.net.tr/en/blog/why-trademark-applications-are-refused).

## How to Read a Partial Refusal Decision

When you read a partial refusal decision, the aim is to see, item by item, what you have lost and what is still on the table. Read the decision in this order and note the relevant information at each step:

1. **Refused items:** Which goods and services terms were refused, and in which class? The whole class, or specific subgroups?
2. **Ground and legal basis:** Which subparagraph of Article 5, or which paragraph of Article 6, of the SMK is the refusal based on?
3. **Earlier mark:** If the refusal is based on an earlier mark, what is its application or registration number, who owns it and what does it cover?
4. **Remaining scope:** Do the accepted items cover what your business actually does today?
5. **Date of notification and last day:** The date the decision was served on you and the last day of the two-month appeal period.

The last item is the most critical. Electronic service is deemed made on the date you first access the document and, in any event, at the end of the tenth day after it was placed in the electronic mailbox (SMK Article 160(6)); not opening the decision does not stop the clock.

## Your Options After the Decision

A partial refusal leaves the trademark owner not a single route but six options, which can also be combined. The right choice depends on how important the refused items are to your business and on the type of ground for refusal.

### 1. Continuing with the remaining scope

If the refused items are not critical to your business, the fastest route is to continue with the remaining scope without appealing. Once the two-month period expires without an appeal, the refused part becomes final and the file moves on to the next stage with the remaining goods and services. We explain the order of those stages in our guide to [what happens after filing a trademark application](https://www.webx.net.tr/en/blog/what-happens-after-filing-a-trademark-application).

### 2. Appealing the decision

If the refused items matter and the ground is open to argument, the decision is appealed. The appeal must be filed in writing, with reasons, within two months of notification of the decision; the appeal fee must also be paid within the same period, and once the period has expired the grounds cannot be changed and no new grounds can be added (Article 20(2)).

Check the current amount of the appeal fee against the TÜRKPATENT fee schedule, which is updated every year. If the grounds and documents have been submitted in full, the Office may start its examination without waiting for the appeal period to expire (Regulation Article 31(3)), so there is no benefit in holding back an appeal that is ready until the last day. Until a decision is made, you may also submit additional information and documents supporting the grounds you have put forward (Article 31(5)).

The appeal is examined by the Re-examination and Evaluation Board (YİDK), which issues the Office's final decision (Article 21). In a partial refusal issued on opposition, the Board may also encourage the parties to settle (Article 21(3)). We explain how to build the appeal in our guide on [appealing a trademark refusal](https://www.webx.net.tr/en/blog/how-to-appeal-a-trademark-refusal), and the court action before the Ankara Intellectual and Industrial Property Rights Civil Court (Article 156(2)) if the YİDK also refuses, in our article on [challenging a YİDK decision in court](https://www.webx.net.tr/en/blog/appealing-a-turkpatent-board-decision-in-court).

### 3. Dividing the application

Division means splitting an application, at the applicant's request, into two or more independent applications by distributing the goods and services it covers (SMK Article 11(5)). Its value after a partial refusal is this: because registration requires every stage to be completed (Article 22(1)), an ongoing appeal on the refused part may also hold up registration of the accepted part. If you divide out the accepted items into a separate application, that application continues on its own path.

Each divisional application keeps the filing date and any priority right of the original application, receives its own number and can never be merged again (Regulation Article 17(3)). The limit is that goods and services covered by your appeal against a refusal decision cannot be spread across different applications through division (Article 17(5)). Under TÜRKPATENT's 2026 trademark fee schedule, the division fee (item 02.01.22) is TRY 4,190. We cover the other changes possible after filing in our article on [amending a trademark application](https://www.webx.net.tr/en/blog/amending-a-trademark-application).

### 4. Submitting a letter of consent

If the refusal is based on an identical or indistinguishably similar earlier mark for identical or same-type goods and services (Article 5(1)(ç)), a notarized letter of consent from the owner of the earlier mark overcomes that refusal (Article 5(3)). In the case of an appeal against the decision, the consent form can be submitted until a decision is made on the appeal; it must be unconditional and cannot be withdrawn once submitted (Regulation Articles 10(3) and 10(5)). A letter of consent does not help with other absolute grounds, such as descriptiveness or lack of distinctiveness. We explain the procedure in our guide to [trademark registration with a letter of consent](https://www.webx.net.tr/en/blog/trademark-registration-with-a-letter-of-consent).

### 5. Narrowing the scope

If only some of the refused items matter to you, you can focus the appeal on the items you can defend and give up the rest. An application can be partially withdrawn before registration (SMK Article 28(5); Regulation Article 22(1)). In partial refusals issued on opposition, dropping the items that genuinely overlap with the other party's mark is also the shortest route to a settlement.

### 6. A new application for the refused scope

If the refused area can be protected with a different sign, a differently worded list or after obtaining consent, a new application is an option. A new application carries a new date and ranks behind applications filed in the meantime. To avoid being refused a second time on the same ground, run a similarity search for those items first.

## Decision Tree: Which Route in Which Situation?

The table below summarizes the situations most often encountered after a partial refusal, the recommended route and the point to watch. The options are not mutually exclusive; some, such as division and appeal, can be used together.

| Situation | Recommended route | Legal basis | Watch out for |
| --- | --- | --- | --- |
| The refused items are unimportant to your business | Continue with the remaining scope | SMK Arts. 16(2), 22 | The partial refusal becomes final after two months |
| The refused items are critical and the ground is arguable | Appeal the decision | SMK Art. 20 | Grounds and fee within two months; no new grounds later |
| The accepted part is urgent and the refusal will be appealed | Division and appeal together | SMK Art. 11(5); schedule item 02.01.22 | Items under appeal must stay in the same application |
| The ground is an identical or indistinguishably similar earlier mark | Letter of consent | SMK Art. 5(3) | Notarized; scope must match the refused items |
| The ground is descriptiveness, but there was long use before filing | Appeal arguing distinctiveness acquired through use | SMK Art. 5(2) | Evidence of use before the filing date is required |
| The partial refusal rests on a third-party opposition | Appeal and, if appropriate, settlement | SMK Arts. 20, 21(3) | A scope agreement with the other party is possible |
| Only some of the refused items matter | Narrow the scope together with the appeal | SMK Art. 28(5) | Fight only for the items you can defend |
| The refused area can be protected with a different sign | New application | SMK Art. 11 | New date; search first |

## What Happens If a Partial Refusal Is Not Appealed?

Once the appeal period has passed, the decision becomes final for the refused goods and services; there is no longer any route for those items through this application. A final refusal does not automatically bar a new application you may file later for the same items, but unless the ground changes, the new application can be expected to meet the same result. If the refusal was issued at the absolute-grounds examination, the application is published in the Bulletin with the remaining scope and enters the two-month opposition period; if it was issued on opposition, the file moves on to registration.

As for fees, the outcome is clear: under Article 161(4) of the SMK, fees paid are not refunded unless otherwise provided, and the fee schedule contains no reduced registration item for partial registrations. The refund under Webx's refund-guaranteed package is aimed at total refusals and does not apply to partial refusals; you can find the details of the terms in our article on [whether fees are refunded if a trademark is refused](https://www.webx.net.tr/en/blog/trademark-refusal-fee-refund).

## How Much Protection Does the Remaining Registration Give?

A partial refusal does not weaken the remaining registration: for the accepted items, the mark gives rise to a full registered trademark right. Protection is limited to the registered goods and services; however, under Article 7(2)(b) of the SMK it can also be enforced against use on similar goods and services where there is a likelihood of confusion. The use requirement likewise applies only to the registered items (Article 9(1)).

The real question is what the refused area means. If the refusal rests on an earlier mark, that area belongs to the earlier owner, and use there may carry a risk of infringement. If the refusal rests on descriptiveness, the term cannot be registered for those goods in anyone's name unless distinctiveness has been acquired through use; for you, that means not protection but an area open to everyone. We discuss the consequences of a gap between your registered scope and your actual business in our article on [what happens if you choose the wrong trademark class](https://www.webx.net.tr/en/blog/wrong-trademark-class-consequences).

## Preventing a Partial Refusal in the First Place

A significant share of partial refusals can be foreseen through preparation at item level before filing. Before you submit the application:

- Run the similarity search not only by class number but together with the goods and services items in your list.
- Ask separately, for the items in each class, whether the sign carries a descriptive meaning.
- Build the list around your actual and planned activities; items added "just in case" increase the risk of a partial refusal.
- If the search turns up an identical or indistinguishably similar earlier mark, consider submitting a letter of consent together with the application.

We explain how to build the list item by item in our guide to [drafting the goods and services list](https://www.webx.net.tr/en/blog/drafting-the-goods-and-services-list). If you are planning a new application for [trademark registration](https://www.webx.net.tr/en/hizmetler/marka-tescil), carrying out these checks before filing reduces the likelihood of a partial refusal from the outset.

## Conclusion

- A partial refusal removes the application only for some goods and services; the process continues for the remaining scope.
- The decision is appealed within two months of notification, with grounds and fee; once the period has expired, no grounds can be added.
- Division is the way to move the accepted part forward without waiting for the outcome of the appeal; the items under appeal stay in the same application.
- A letter of consent only overcomes a refusal based on an identical or indistinguishably similar earlier mark.
- Fees paid are not refunded; after a partial refusal of a trademark in Turkey, the decision should turn on how valuable the refused items are to your business.

### Shall We Assess Your Partial Refusal Together?

Send us the decision and your application number via our [contact page](https://www.webx.net.tr/en/iletisim), and before the deadline expires we will establish together how important the refused items are to your business, what the grounds for an appeal are and whether division would save you time. Working with trademark attorneys authorized before TÜRKPATENT, our [legal support in opposition and refusal proceedings](https://www.webx.net.tr/en/hizmetler/hukuki-koruma) handles your file end to end, from appeals against decisions and consent negotiations to YİDK proceedings.

## Frequently Asked Questions

### If I do not appeal a partial refusal, will the accepted part be registered?

Yes. If the two-month appeal period passes without an appeal, the decision becomes final for the refused goods and services, and the process continues from where it stopped for the accepted part. If the refusal was issued at the absolute-grounds examination, the application is published in the Bulletin with the remaining scope; if it was issued on opposition, the file moves on to registration. In that case, too, the registration fee is requested as a single item.

### Can some items in the same class be accepted and others refused?

Yes, this happens often. The Office does not assess by class number but item by item, for each good and service. Under Article 11(4) of the SMK, being in the same class does not create a presumption of similarity, and being in different classes does not create a presumption of dissimilarity. So in the decision you need to look not at the class as a whole but at the refused terms, and assess the accepted part accordingly.

### Can I refile with the same mark for the refused items?

You can, but if the ground for refusal has not changed, the new application is very likely to meet the same obstacle. For a refusal based on an earlier mark you need a letter of consent; for a refusal on descriptiveness, you need to strengthen the sign with a distinctive element. Remember that a new application carries a new date; you will have no priority over applications filed by others in the meantime. So remove the ground first, then refile.

### Can I add new grounds or documents after filing the appeal?

The grounds must be submitted within the two-month appeal period; after the period expires, the grounds cannot be changed and no new grounds can be added (SMK Article 20(2)). Article 31(5) of the Regulation, however, allows the parties to submit additional information and documents until a decision is made, in support of the views and grounds they have put forward. In other words, you can add new evidence supporting an existing argument, but not a new argument.

### Are the class fees I paid refunded because of a partial refusal?

No. Under Article 161(4) of the SMK, fees paid are not refunded unless otherwise provided; the refusal of items in a class does not bring back the fee paid for that class. Nor does the fee schedule contain a reduced registration item for partial registrations. The refund under Webx's refund-guaranteed package does not apply to partial refusals either; the details of those terms are in our guide on fee refunds.

### Does a partial refusal weaken the remaining registration?

For the remaining scope, the registration is a full trademark right and is unaffected by the refused items. Protection is limited to the registered goods and services, but it can also be enforced against use on similar goods and services where there is a likelihood of confusion. The real risk is that the refused area matters to your business and you are left unprotected there; in that case, give serious thought to an appeal or a new application.

### Until what stage can I request division?

Division can be requested until the application is registered; registered marks cannot be divided (SMK Article 11(5), Regulation Article 17(1)). However, goods and services covered by your appeal against a refusal decision cannot be spread across different applications through division (Regulation Article 17(5)). Division is used to move the accepted part into a new application; the divisional application keeps the original filing date and any priority.

### Does a letter of consent help with a partial refusal too?

Yes, if the refusal is based on an identical or indistinguishably similar earlier mark for identical or same-type goods and services (SMK Article 5(1)(ç)). A letter of consent overcomes that refusal for the goods and services the earlier owner has consented to, so its scope must match the refused items exactly. For other absolute grounds, such as descriptiveness, no consent can remove the refusal.

## 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.
- [My Trademark Application Was Refused — What Now?](https://www.webx.net.tr/en/blog/how-to-appeal-a-trademark-refusal): If your trademark application was refused you have two months to appeal. The Board process, arguments that work, consent, and the court stage.
- [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.
- [Can You Amend a Trademark Application After Filing in Turkey?](https://www.webx.net.tr/en/blog/amending-a-trademark-application): Amending a trademark application in Turkey: the mark cannot change and the list can only be narrowed; corrections, division, assignment, name and agent changes.
- [How to Draft the Goods and Services List for a Trademark in Turkey](https://www.webx.net.tr/en/blog/drafting-the-goods-and-services-list): How to draft a trademark goods and services list in Turkey: subgroups, broad vs. selective lists, Class 35 retail services, fee item 02.01.34 and an example.
- [Are Trademark Fees Refunded If Your Application Is Refused in Turkey?](https://www.webx.net.tr/en/blog/trademark-refusal-fee-refund): Is there a trademark refusal fee refund in Turkey? Fees paid to TÜRKPATENT are not refunded, and the registration fee is never charged. Exceptions explained.
- [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.