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WIPO Refusals

The Turkish Patent Institute receives about 110.000 trademark applications per year and examines all on absolute grounds and also searches over identical or confusingly similar trademark applications and registrations for the goods or services concerned. It is no surprise that earlier ones have broader coverage and 20% of new applications are rejected ex-officio. Official rejections including provisional refusals can be appealed by the applicant first before the Institute and then before the specialized court.

  • Where the applicant of the international registration receives a notification of refusal, he or she has the same rights and remedies as if the application has been filed directly in Turkey. In order to respond to such refusal, the following issues should be considered:

  • A response is due after two months from the date of receipt of the official notification from WIPO. This period cannot be extended.
  • Additional submission is not allowed after filing the response. Therefore, it is strongly recommended that applicants be prepared for all arguments and necessary documents beforehand.
  • A Turkish trademark attorney should be appointed.
  • A letter of consent is not permissible in Turkey except for a few rare cases.
  • If a rejection is based on likelihood of confusion in view of prior registrations, the earlier use argument cannot be accepted by the Institute, except for well-known trademarks.
  • If a rejection is based on descriptive or generic nature, this may be overcome “may” be overcome if distinctive character, prior and frequent use of the trademark and international reputation are proved.

Although the grounds for rejection and correspondingly the response strategy may change depending on the nature of the application, it is important to file all arguments together with evidence during the response in full, including but not limited to trademark history, prior registered trademarks, reputation, products’ features and quality bearing, printed and interactive materials such as catalogues and advertisements, invoices or Customs clearances in Turkey, coverage with bids, agreements, contracts, awards/prizes, annual sales market share, if any (especially for Turkey).

Destek Patent has extensive experience and expertise in domestic and international trademark protection, independent indications of which the firm has been continuously named among the World’s TOP10 IP firms of the last 5 years according to the International Trademark Filing Statistics before the WIPO and as Turkey’s top-ranked IP firm for more than 20 consecutive years according to official trademark filing and registration statistics by the Turkish Patent Institute. We understand clients’ needs and expectations regarding expert counseling, fast response, clear communication and cost-effective quality trademark services. Should you require our professional service, please just contact us through global@destekpatent.com.tr.

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Secure your brand’s well-known
status with registration in Turkey…
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Validations

Take advantage of our expertise to
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professionally…
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Registere to have exclusive control over
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Bilgi Al

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Register to detain at will any suspected
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