Opposing a Trademark in Türkiye: The Two-Month Window

Once a Turkish trademark application clears absolute-grounds examination it is published in the Official Trademark Bulletin. Third parties then have two months from publication to oppose (Article 18). The window cannot be extended: if you miss it, your only remaining route is an invalidation action after registration, which is slower and considerably more expensive.

Grounds that work

• Likelihood of confusion with an earlier mark for identical or similar goods and services — the basis of most oppositions.
• Prior use: rights acquired through genuine use before the application date, even without registration.
• Reputation: unfair advantage, detriment to repute or dilution, including across dissimilar goods.
• Filings made by a commercial agent or representative without the proprietor’s consent.
• Unauthorised use of a personal name, portrait, copyright or other IP right.
• Bad faith.

How confusion is assessed

Two axes are examined together: similarity of the signs (visual, phonetic and conceptual, judged on the overall impression rather than dissected element by element) and similarity of the goods and services (distribution channels, target public, complementarity — not merely the class number). The two interact: the closer the signs, the less distance in the goods is required.

If you are the applicant: the proof-of-use defence

When an opposition is filed, the Office notifies you and sets a period to respond. Your strongest tool is often to request proof of use: if the opposing mark had been registered for at least five years at your filing date, the opponent must prove genuine use for the relevant goods and services (Article 19/2). Oppositions based on marks that sit unused on the register frequently fail at this stage. Where use is proven only in part, the opposition is assessed only for what was proven.

Two further routes are worth weighing: limiting your goods list to remove the overlap, or agreeing a co-existence arrangement with the opponent. Both can end the dispute far faster than a decision.

Watching is the only way not to miss the window

TÜRKPATENT does not notify you when a confusingly similar application is published; the two-month clock runs whether or not you noticed. This is precisely why brand owners with a portfolio in Türkiye subscribe to a watch service.

See our trademark watch service or contact us about an application you have spotted in the Bulletin.

This article is general information and not legal advice. Opposition deadlines run from the publication date, so act promptly on any conflicting application.