An opposition against your trademark application does not mean it has been refused. An opposition merely starts an examination, and in that examination you have the right to be heard. There are three things to do:
- Do not miss the deadline. TÜRKPATENT notifies you of the opposition and gives you one month to file observations.
- Consider a proof-of-use request. If the mark relied on is a registration more than five years old, you may require the opponent to prove they genuinely use it. This is the strongest tool available and can be used only within your observation period.
- Give reasons. Saying "our marks are different" is not enough; you must show in which criteria the difference emerges.
Why Was the Opposition Filed?
A published application may be opposed by interested parties within two months of publication (Article 18 of the Industrial Property Code). Oppositions usually rest on:
- Likelihood of confusion (Article 6/1). The most common ground: similarity to an earlier mark plus overlap of goods and services.
- Reputation. The opponent asserts their mark is well known and would be harmed even in different classes.
- Earlier rights such as a trade name or business name.
- Bad faith.
- Absolute grounds (Article 5). Distinctiveness and descriptiveness may also be raised by third parties.
Knowing which ground the opposition rests on determines the whole defence. Do not build a strategy without reading the opposition in full.
Step 1: Note the Deadline
The Office serves the opposition on you and asks for observations within one month. Within that period:
- If you file nothing, the file is decided as it stands.
- If you do not make a proof-of-use request, you lose that right — it cannot be raised later.
Bear in mind that service may arrive as an email or an electronic notification. Failing to check notification channels regularly during an application is the most common cause of lost deadlines.
Step 2: Consider the Proof-of-Use Request
This is the most effective defensive tool, and the one most applicants do not know about.
Under Article 19, where the opposition rests on likelihood of confusion and the mark relied on has been registered in Türkiye for at least five years at your application (or priority) date, you may require the opponent to prove that they have genuinely used the mark for the goods and services relied on, or to show proper reasons for non-use.
The consequences:
- If the opponent cannot prove use, the opposition is rejected.
- If they prove it partly, the opposition is examined only for the goods and services proved.
The procedural rules are strict: the request must be notified to the Office expressly and in writing, within the observation period. On such a request the opponent is given one month to file evidence, and material filed after that period is not taken into account.
In practice this tool eliminates a substantial proportion of oppositions founded on marks registered long ago and left unused.
Step 3: Give Reasons for Your Observations
The arguments that work rest on concrete criteria:
- Difference in the signs. Address the visual, phonetic and conceptual planes separately. Different initial letters, syllable count, pronunciation and meaning all matter.
- Difference in goods and services. Being in the same class is not enough. Show that the sub-groups, distribution channels and target audiences diverge.
- The weak-element argument. If the shared word is descriptive or common in the sector, its distinctiveness is low and it does not establish similarity on its own.
- Consumer profile. Where the product is aimed at professional buyers, attention is higher and the likelihood of confusion lower.
Some arguments do not work. "Our logos are completely different" usually falls short, because consumers remember a brand by its name rather than its graphics. "I have used it for years" is also insufficient on its own; use must be proved with documents and dates.
The criteria are set out in Likelihood of Confusion. For the structure of the observation itself see How to Respond to a Trademark Opposition.
An Alternative: Consent
In some files the fastest solution is commercial rather than legal. If the opponent consents in writing to the registration of your mark, the matter can be resolved that way.
Consent is realistic particularly where the parties operate in different regions, where the product groups do not in fact intersect, or where the opponent principally wants the scope narrowed. See Registration with a Letter of Consent.
An Alternative: Narrowing the Scope
If the opposition is aimed only at particular goods or services, removing those items may render it moot and allow the mark to register for the remaining scope.
In deciding, weigh this: are the items you would remove at the centre of your business today or in the near future? If so, narrowing wins the case and loses the war.
If the Opposition Succeeds
If the Office upholds the opposition, your application is refused in whole or in part. That is not the final word: you may appeal to the Office within two months of notification (Article 20), and the appeal is examined by the Re-examination and Evaluation Board.
If the Board also rules against you, an action for annulment may be brought before the Ankara Civil Court for Intellectual and Industrial Property Rights within two months of notification. See Appealing a Refusal and Appealing a Board Decision in Court.
For Next Time
Most opposition proceedings could have been anticipated by a similar-mark search carried out before filing. A search surfaces risky similarities before fees are paid and allows the name or the scope to be adjusted in time.
If you are already facing an opposition, the clock is running. Share the opposition and your application details, and our legal protection team will assess whether a proof-of-use request is available and build the defence strategy.