Letters of Consent in Turkish Trademark Practice

Where a Turkish application is refused because of an earlier identical or indistinguishably similar mark, there is a route that avoids months of appeal: a notarised letter of consent from the earlier proprietor. Once filed, the application can no longer be refused on that ground.

Why it works

It removes the objection at source. An appeal asks the Office to accept that its similarity assessment was wrong — uncertain and slow. Consent ends the discussion, often in weeks rather than months, which matters more than argument quality to a company waiting to launch.

Why the other side agrees

• The fields of activity genuinely differ, so there is no commercial interest in blocking.
• You offer to limit your specification to exclude their goods.
• Consent is reciprocal, with each side agreeing not to oppose the other.
• A payment is made — usually far below the cost of contested proceedings.

Pair it with a co-existence agreement

The consent letter satisfies the Office but does not regulate the relationship. A co-existence agreement should define each side’s goods and services, any visual distinctions in use, territorial or channel limits, undertakings not to oppose future filings, and remedies for breach.

If you are asked to consent

Consent cannot be withdrawn once a right has come into existence on its basis. Grant it as narrowly as possible, bind how the other party may use the mark, and assess the effect on any future claim that your own mark enjoys a reputation.

What consent cannot fix

It addresses refusals based on earlier rights only. Absolute grounds such as descriptiveness serve the public interest and cannot be waived by a third party.

See all post-refusal options in our refusal article, or ask us to run the negotiation.

General information only, not legal advice.