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 firstname.lastname@example.org.