The deadline for opposing a trademark application is two months from publication of the application in the Official Trademark Bulletin (Article 18 of the Industrial Property Code).
The law fixes the period in months, not days. Depending on the calendar, two months is between 59 and 62 days, so working on an assumption of "60 days" can cause a loss of rights at month ends. The correct calculation runs to the corresponding day two months after publication.
When Does the Period Start?
It starts on the date of publication in the bulletin. There is a critical point here: the Office does not send a separate notice to those who might oppose. Publication is a public announcement, and monitoring the period is the responsibility of interested parties.
In practice this is the most common cause of lost rights: a proprietor learns of a similar application only after it has registered, usually on encountering it in the market.
The Deadlines in a Trademark Proceeding
| Step | Period | Runs from | Basis |
|---|---|---|---|
| Opposition to publication | 2 months | Date of publication | Art. 18 |
| Observations in reply | 1 month | Office notification | Art. 19 and Regulation |
| Filing proof-of-use evidence | 1 month | Office notification | Regulation |
| Appeal to the Board | 2 months | Notification of the decision | Art. 20 |
| Court action against a Board decision | 2 months | Notification of the decision | Art. 156/3 |
All of these are forfeiture periods; none can be extended.
The Fee Must Also Be Paid Within the Period
Filing the pleading in time is not sufficient on its own: the opposition fee must also be paid within the period. If it is not, the opposition is deemed not to have been filed. For current amounts consult the TÜRKPATENT fee schedule in force.
What Happens If the Deadline Is Missed?
Once the opposition period has passed, that route closes and the application proceeds to registration. The remaining route is an invalidation action in court after registration.
The difference between the two matters:
- Opposition: an administrative process before TÜRKPATENT, comparatively quick and low-cost.
- Invalidation action: litigation, with expert examination and court timetables — markedly longer and more expensive.
There is also a risk of acquiescence on the invalidation route: if the proprietor remains silent for five years while knowing, or having reason to know, of the use of the later mark, they may no longer rely on invalidity unless the registration was made in bad faith (Article 25). See Can a Registered Trademark Be Cancelled?
The Only Way Not to Miss It: Bulletin Monitoring
The right to oppose has value only for applications you know about. The bulletin is published at regular intervals and the two-month period runs of its own accord.
Systematic bulletin monitoring is, in practice, the only way to stop a similar application before it registers. How it works is explained in Trademark Watch and Bulletin Monitoring; to have it run on your behalf, see our trademark watch service.
Related Reading
- If you want to oppose: How to File a Trademark Opposition
- If you have been opposed: An Opposition Has Been Filed Against My Trademark
- Who may oppose: Who Can Oppose a Trademark Application?