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QUESTIONS AND ANSWERS

Trademark Law and Trademark Lawsuits: Questions and Answers

A basic question and explanation about the conditions for opposing a trademark registration application.

Prepared by: Av. Umut GüneşLegal review: Av. Umut GüneşLast legal check: First published: Updated:

The question below offers a general framework on the conditions for opposing a trademark registration application. In a specific case, the time limits, documents, and the regulations in force are assessed separately.

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Under what conditions is an opposition to a trademark registration application possible?

A trademark application can be opposed on the absolute or relative grounds for refusal provided in the law.

The bulletin in which the application was published, the goods and service classes, and the likelihood of confusion with earlier trademarks or other rights are assessed. The earlier right holder’s use and registration documents, the dates of the applications, and the overall similarity of the marks are important. The time limit and procedure for the opposition should be checked through TÜRKPATENT records. Not every similarity of word or shape automatically requires the opposition to be accepted; the likelihood of confusion is examined according to the specific circumstances.

Sources and legal bases

  1. Turkish Commercial Code No. 6102