Are Trademark Fees Refunded If Your Application Is Refused in Turkey?

No, as a rule they are not. If a trademark application is refused, the application and additional class fees paid to TÜRKPATENT (Turkish Patent and Trademark Office) are not returned; under Article 161/4 of Industrial Property Law No. 6769 (SMK), unless otherwise provided, fees paid are not refunded. The TRY 7,010 registration fee, on the other hand, is never charged for a refused application. A trademark refusal fee refund comes into play only under the narrow exceptions in the Implementing Regulation, or where your service provider has given a written refund guarantee.

Below, in order, we cover which official fee is paid at which stage, the refund exceptions in the Regulation, the position of the attorney's service fee, how refund-guarantee models work and the terms of the Webx refund guarantee, followed by ways to lower the risk of refusal and your options after a refusal.

Why Are Official Fees Not Refunded?

Because that is how the law is written: under SMK Art. 161/4, "unless otherwise provided, fees paid are not refunded, and fees that have been paid are recorded as revenue of the Office." Neither the SMK nor its Implementing Regulation provides for the refusal of an application as an exception to this rule.

The logic of the rule lies in what the fee pays for. The application fee is the official charge paid in return for TÜRKPATENT examining the application on formal grounds, assessing it on absolute grounds, publishing it and, where applicable, examining oppositions; it is not the price of a registration outcome. Once the examination has been carried out, the service is considered to have been provided, whatever the outcome.

The fee is also one of the constituent elements of the application: SMK Art. 11/1-ç lists proof of payment of the application fee among the mandatory contents of an application, and if that proof is missing, the filing date is not fixed (Art. 15/2). In other words, the application fee is the price of having the file processed by the Office; it is not a deposit that depends on the result.

This rule does not change with the type of refusal. Whether the application is refused by the Office on its own motion on absolute grounds or following a third-party opposition, and whether it is refused in full or in part, the application and additional class fees paid are not returned. You can find the grounds for refusal in detail in our article on why trademark applications are refused.

Which Fee Is Paid at Which Stage, and What Happens on Refusal?

The loss is limited to the official fees paid up to the stage at which the refusal arrives; the fees for later stages never arise. Based on TÜRKPATENT's 2026 schedule of trademark fees, the picture looks like this:

Since no trademark refusal fee refund is to be expected, the real calculation should be based on "the amount at risk." Concrete examples: if a two-class application is refused, TRY 2,820 + TRY 2,820 = TRY 5,640 in official fees is not returned; for a three-class application (with the third class under item 02.01.28), the figure is TRY 2,820 + TRY 2,820 + TRY 3,150 = TRY 8,790. In both cases, the TRY 7,010 registration fee is never paid. The amounts belong to the 2026 schedule; because the schedule is updated every year, check the current figures with TÜRKPATENT. Official fees do not include an attorney's service fee; the items making up the total cost are set out in our guide to trademark registration fees in Turkey for 2026.

When the registration fee is requested, and what happens if it is not paid, is a separate matter; we cover it in our article on what happens if the registration fee is not paid.

The Exceptions Behind "Unless Otherwise Provided"

The words "unless otherwise provided" in SMK Art. 161/4 show that a refund is not entirely impossible. The Regulation on the Implementation of the Industrial Property Law provides for a few narrow refund cases; however, none of them brings back the application fee of an application refused on the merits. They also share one feature: the refund is not made automatically but only upon request.

Appeal fee: refunded if the appeal is accepted

Under Article 34 of the Regulation, if an appeal against a decision taken by the Office in ex parte proceedings concerning trademark applications is accepted, for example an appeal against a refusal issued on the Office's own motion without any opposition, the appeal fee is refunded to the applicant upon request. The same article also sets the limits of this refund:

• No refund is made if the appeal is only partly accepted.
• No refund is made if a refusal based on an earlier trademark is lifted because that trademark had lapsed by the date the appeal was examined.
• No refund is made either if the refusal is lifted as a result of an assignment, a change of address, company type or name, a letter of consent, or the acceptance of a claim of distinctiveness acquired through use.

In short, the refund is reserved for files in which the Office's original decision is found to have been wrong on the merits at the appeal stage. Before requesting the refund, read the appeal decision to see whether it was accepted in full or in part, and on what ground the refusal was lifted.

Oppositions and appeals not completed on time, and overpayments

The Regulation provides for refunds in two further situations. Where the grounds and proof of payment of the fee for an opposition to publication, or for an appeal against an Office decision, are not submitted within the deadline, the opposition or appeal is deemed not to have been filed and the fee collected is refunded upon request (Art. 28/3, Art. 31/3). In addition, duplicate or erroneous payments, and the excess part of any overpayment, are refunded if requested (Art. 131/6). Where the registration fee is underpaid and the shortfall is not made up in time, the application is removed from processing and the fee collected is likewise refunded upon request (Art. 12).

Is the Attorney's Service Fee Refunded?

The attorney's service fee is not governed by SMK Art. 161/4; whether it is refunded depends entirely on your agreement with the attorney. If the agreement contains no refund clause, you may have no legal basis for expecting the service fee back after a refusal, because the attorney has actually delivered the search, filing and follow-up services.

That is why refunds are a contractual matter to discuss before filing. When requesting a quote, ask the following questions in writing:

• If the application is refused, how much of the service fee is refunded, and on what conditions?
• Does the refund apply only to a refusal in full, or to a partial refusal as well?
• Is there any difference between a refusal issued on the Office's own motion and one issued following an opposition?
• Does the refund require the refusal decision to become final?
• Are an appeal against an Office decision and any subsequent court action charged separately?
• Does the refund also cover the official fees paid to TÜRKPATENT?

If new work such as an appeal, examination by the Re-examination and Evaluation Board (YİDK) or a court action arises after a refusal, separate service fees may apply. Separating these items at the quotation stage is the only way to avoid surprises when a refusal arrives; we have collected further questions to ask when choosing an attorney in our article on how to choose a trademark registration firm.

How Do Refund-Guarantee Models Work?

A refund guarantee means that the service provider undertakes, on its own commitment, to return the payments a client has made where an application is refused under certain conditions. Since the Office does not refund official fees, the source of the refund in a guarantee of this kind is not TÜRKPATENT but the agreement itself.

For a trademark refusal fee refund, the only realistic counterparty is therefore the service provider you contract with. Every refund guarantee is conditional, and comparisons should be made on the basis of those conditions. When assessing one, look at the following elements: what precondition the guarantee depends on (for example, a pre-filing search), which types of refusal it covers, whether it waits for the decision to become final, which situations are excluded, which payments the refund covers, and its time frame and method. A "guarantee" whose terms are not in writing is little more than a promise open to dispute at the moment of refusal.

The Terms of the Webx Refund Guarantee

The terms of the Webx refund guarantee are set out in writing on our money-back guaranteed trademark registration page, and the guarantee commitment is emailed in writing together with the order confirmation. The summary below is based on the text of that page; what is binding is the full text of the terms on the page and of the written commitment.

What is covered and what is excluded

Requests, time frame and alternatives

A summary of the page's other terms:

1. Scope: For a refusal covered by the guarantee, the page provides for the refund of "all payments made"; for payments in installments, the portion collected up to that point is refunded and the remaining installments are not collected.
2. Finality: A refund request can be made after the refusal has become final, that is, once the right of appeal has been exhausted or the appeal has been decided.
3. Time frame and method: The request is created from the client panel; the refund is made within 30 business days of the refusal decision becoming final, to the account from which payment was made.
4. Alternative: Instead of a refund, you can file for a new trademark name using the option the page describes as a "free refiling right"; a new preliminary search is carried out for the new name.
5. Refusals following an opposition: If the application is refused in full following a third-party opposition and cannot be registered, the guarantee still applies; the defence against the opposition is handled at no extra charge.

Webx handles applications with trademark attorneys authorized to act before TÜRKPATENT; the guarantee does not add an extra stage to the application process and only provides payment security in the event of a refusal.

How Can You Lower the Risk of Refusal Before Filing?

Since the refund rule does not change, the most effective saving is to prevent the refusal in the first place. Before filing:

1. Screen identical and similar trademarks. Run a pre-filing trademark search in the classes you choose and in related classes; look not only for the exact same name but also for marks that sound or mean something close.
2. Have an expert interpret the results. An instant search lists similar records but does not carry out a legal risk assessment; we explain the difference in our article on what a trademark search report is.
3. Do not choose a descriptive name. Terms that directly describe the kind, quality or purpose of a product are an absolute ground for refusal.
4. Read the similarity risk realistically. The existence of a similar mark does not mean automatic refusal, but where the signs and the goods or services are both similar, the risk is high; the criteria are explained in whether a similar trademark can cause refusal.
5. Do not broaden the list unnecessarily. Every subgroup you will not use is another chance of conflict and partial refusal.

The time spent on these steps is a small investment compared with the fees and time lost on a refused application. A refusal is not just a loss of fees: it also means your packaging, signage and launch timetable slip, and it adds the risk that someone else gets ahead of you with a similar application in the meantime.

If Your Application Has Been Refused: Your Options

In most files, a refusal is not the final word. Even though the fees paid will not come back, there are ways to save the application itself:

• Appeal the decision: An appeal is filed with the Office, with reasons and the fee, within two months of notification of the decision (SMK Art. 20); it is examined by the Re-examination and Evaluation Board (YİDK), and a court action against the YİDK decision is also available, with the Ankara Intellectual and Industrial Property Rights Civil Court as the competent court (SMK Art. 156/2). The steps are set out in our guide on what to do when your trademark application is refused.
• Proceed with the remaining scope after a partial refusal: The procedure continues for the goods and services that were not refused; the options are explained in our article on the partial refusal of a trademark application.
• Letter of consent: If the refusal stems from identity with, or indistinguishable similarity to, an earlier trademark, a notarized letter of consent from that trademark's owner can overcome the obstacle (SMK Art. 5/3).
• New application: Refile with a sign that removes the ground for refusal; the new application pays its own fees.
• Guarantee claim: If you bought a guaranteed service, you request a refund or a refiling under its terms after the decision has become final.

Withdrawing the application without waiting for a decision, on the other hand, does not count as a refusal; the fees paid are still not refunded, and the withdrawal falls outside refund guarantees. We explain the consequences of withdrawal in our article on whether a trademark application can be withdrawn.

Conclusion

After a refusal, the money paid to TÜRKPATENT does not come back; what can often be brought back is the application itself. Key takeaways:

• Under SMK Art. 161/4, official fees paid are not refunded; the type of refusal does not change this rule.
• The loss is limited to the fees paid up to the stage at which the refusal arrives; the registration fee is not charged for a refused application.
• The refunds in the Regulation are narrow and work only upon request: an accepted appeal against an ex parte decision, an opposition or appeal not completed on time, and overpayments or erroneous payments.
• Whether the attorney's service fee is refunded depends on the agreement; clarify the terms in writing before filing.
• A refund guarantee is the service provider's conditional commitment; read its precondition, its scope and its exclusions.

Would you like to file with a clear view of the risk?

Share your trademark name and field of business through our contact page; we will assess the similarity and absolute-grounds risk before filing and clarify from the outset how the guarantee terms would apply to your application.