How to Oppose a Similar Trademark Application in Turkey: Grounds, Deadlines and Documents

1. What is an opposition to publication and why does it matter?

If an application passes the Office's formal check and its examination for absolute grounds, it is published in the Official Trademark Bulletin (the "Bulletin") (Industrial Property Law No. 6769, "IPL", art. 16 [1]). The two months after publication are the window in which third parties can argue that the application should not be registered. This is called an opposition to publication.

This stage matters because the Office refuses on its own initiative only applications that are identical or indistinguishably similar to an earlier mark and cover identical or same-type goods or services (IPL art. 5(1)(ç) [1]). Where the similarity falls short of that, for example where the marks differ in some respects but consumers could still confuse them, the application is refused only upon opposition (IPL art. 6(1) [1]). Protecting your mark against similar applications therefore depends largely on you watching the Bulletin and opposing in time.

Terms:

• Absolute ground for refusal: An obstacle the Office examines on its own, without waiting for anyone to object (lack of distinctiveness, describing the goods, misleading the public, etc.). Listed in IPL art. 5.
• Relative ground for refusal: An obstacle based on a conflict with someone else's earlier right, examined only upon opposition. Listed in IPL art. 6.
• Priority date: An earlier date the applicant may claim, for example on the basis of a previous application filed abroad.

2. On what grounds can you oppose?

An opposition may rely on the absolute grounds in IPL art. 5 or the relative grounds in art. 6 (IPL art. 18(1) [1]). The grounds most often used in similar-mark disputes are:

The statutory list is broader; for example, art. 6(7) contains a special rule on collective and guarantee marks. Which ground fits your case should be assessed against the evidence you hold.

How is likelihood of confusion assessed?

The law requires that the signs and the goods or services of the earlier mark and the application be identical or similar, and that this creates a likelihood of confusion, including the likelihood of association by the public (IPL art. 6(1)). The two elements are assessed together: two very similar signs used for completely unrelated goods or services may, as a rule, not be confused (marks with a reputation are the exception, art. 6(5)).

In practice the signs are compared visually, aurally and conceptually, based on the overall impression they leave on consumers. This is a legal judgement, and different views can be taken on the same pair of marks, so the opposition should explain concretely why the similarity would lead to confusion.

3. The opposition deadline: two months

• The opposition must be filed within two months of the date the application is published in the Bulletin (IPL art. 18(1) [1]; Regulation art. 28(1) [2]).
• The grounds must also be submitted within those two months; otherwise the opposition is deemed not filed.
• The fee must be paid, and proof of payment submitted to the Office, within the same period (IPL art. 18(2)).

Once the deadline is missed, the opposition route is closed. If the application is then registered, the invalidation action described below may become relevant.

4. Documents and fee

An opposition is filed using the Office's signed opposition form, available electronically. The grounds must be set out in detail, citing the relevant article and paragraph of the legislation (Regulation arts. 28(2) and 131(2) [2]). Online filings can also be made with e-Devlet identity verification (Regulation art. 131(4)) and are handled through the Office's electronic filing system, EPATS [3].

Depending on the case, the following are usually prepared:

• Opposition form and grounds: The application opposed (application number), the goods and services concerned and the legal basis.
• Details of the earlier right: The application or registration number of the earlier mark; for an unregistered sign, documents showing its use.
• List of evidence and the evidence: Invoices, catalogues, advertising and press coverage, correspondence and similar documents supporting claims of reputation, prior use or bad faith. Evidence must be orderly, legible and linked to the claims; otherwise the Office gives time to correct it, and evidence not corrected is disregarded (Regulation arts. 30(5) and 30(6) [2]).
• Translations: The Office may request Turkish translations certified by a sworn translator; documents whose translations are not submitted in time are disregarded (Regulation arts. 30(4) and 133).
• Proof of payment. For 2026, the Office's website lists the fee for opposing applications published in the Official Trademark Bulletin as TRY 1,150 (TÜRKPATENT trademark fees [4]). The tariff is renewed every year; check the current amount and any taxes before paying.
• Power of attorney, if represented (IPL art. 160 [1]).

5. Request for proof of use: the five-year rule

If your opposition relies on likelihood of confusion with your earlier mark (IPL art. 6(1)) and, on the application or priority date of the opposed application, your mark had been registered in Turkey for at least five years, the applicant may ask you to prove use (IPL art. 19(2) [1]).

• You must then show that, within the five years before that date, you made genuine use of your mark in Turkey for the goods or services on which the opposition relies, or that you had proper reasons for non-use.
• If you cannot, and there is no other ground or earlier mark relied on, the opposition is rejected. If use is proven only for some goods or services, the opposition is examined on that basis only.
• The applicant must make the request clearly and in writing within the period given for responding to the opposition, stating the registration number of the mark concerned. If the request is made, the Office gives the opponent one month to submit evidence (Regulation art. 29 [2]).
• Evidence of use may include packaging, labels, price lists, catalogues, invoices, photographs and newspaper advertisements. The parts showing use of the mark should be marked, and the place, time, extent and form of use should be clear (Regulation art. 30 [2]).

Evidence of use can also be filed with the opposition from the start. If the applicant then requests proof of use and that evidence is found sufficient, the examination proceeds without a further one-month period (Regulation art. 29(6)).

6. What happens after the opposition?

1. Applicant's response: The Office gives the applicant one month to respond to the opposition and may ask either party for further information. If no response is filed in time, the opposition is decided on the existing file (IPL art. 19(1) [1]; Regulation art. 28(4)).
2. Proof of use (if requested): The stage described above.
3. Settlement (if any): The Office may invite the parties to settle. If they jointly notify the Office that they will go to mediation, the examination is suspended for three months; on joint request this can be extended by up to three months (IPL art. 19(4); Regulation art. 32 [2]).
4. Decision: If the Office concludes that the mark cannot be registered for some or all of the goods and services, it refuses the application to that extent; otherwise it rejects the opposition (IPL art. 19(3)). Partial refusal is possible: the application may be refused for some goods or services and proceed for others.

Until a decision is made, the parties may submit additional information and documents supporting their arguments (Regulation art. 28(5)). The opposition can also be withdrawn before a decision (Regulation art. 33 [2]).

7. Appealing the decision and going to court

A party adversely affected by the opposition decision (an opponent whose opposition was rejected, or an applicant whose application was refused) may file an appeal with the Office:

• Deadline: Two months from notification of the decision. The grounds and the fee must be submitted within this period; afterwards the grounds cannot be changed and no new grounds can be added (IPL art. 20 [1]).
• Decided by: The Office's Re-examination and Evaluation Board (commonly "YİDK"). The Board's decision is the Office's final decision (IPL art. 21).
• Date of notification: The Office may notify electronically. An electronic notification is deemed served when the recipient first accesses the mailbox, and in any event at the end of the tenth day after the document was placed there (IPL art. 160(6)). Deadlines run from that date.

The Board's decision can be challenged within two months of its notification before the Ankara Civil Court of Intellectual and Industrial Property Rights (Law No. 5000 art. 15/C [5]; IPL art. 156(2) [1]). This case is heard by that specialised civil court, not by an administrative court. A judgment annulling a Board decision cannot be enforced until it becomes final (Law No. 5000 art. 15/C).

8. Missed the deadline: invalidation action

If the two-month opposition period is missed and the application is registered, a court may be asked to declare the mark invalid on one of the grounds in IPL art. 5 or 6. Anyone with a legitimate interest may bring the action; it is brought against the person recorded in the register as owner, and the Office is not a party (IPL art. 25 [1]).

There is an important limit: if the owner of the earlier mark knew, or should have known, that the later mark was being used and remained silent for five consecutive years, they cannot rely on their mark as a ground for invalidity unless the later registration was made in bad faith (IPL art. 25(6)). The action is also a separate court proceeding, distinct from the opposition before the Office.

9. Hypothetical example

This example is entirely hypothetical. A has run a bakery since 2019 under the mark "LAVANTA", registered in class 30 (bakery products). In the Bulletin, A sees B's application for "LAVANTAM" in classes 30 and 43 (food and drink services). Within two months of publication, A files the opposition form relying on IPL art. 6(1), sets out the grounds and pays the fee. In its response, B asks for proof of use, because A's mark has been registered for more than five years. A submits invoices from the five years before B's application date, photographs of product packaging and of the shop sign, with the mark highlighted and a list of evidence. If the Office finds that use is proven and that there is a likelihood of confusion between the signs and the goods/services, it may refuse the application for the relevant goods and services. The party adversely affected may appeal that decision within two months of notification; the appeal is examined by the Board.

10. Frequently asked questions

What if the applicant asks me for a letter of consent?

A letter of consent shows that the earlier mark owner expressly agrees to registration of the later application. It must be notarised, made on the form accepted by the Office and be unconditional. If it is filed, the Office cannot refuse the application on the ground of an identical or indistinguishably similar earlier mark (art. 5(1)(ç)) (IPL art. 5(3); Regulation art. 10). Whether to give consent is entirely the earlier owner's decision.

I have opposed; can the applicant keep using the mark?

An opposition concerns whether the application will be registered; it does not by itself stop use. Unauthorised use of a sign similar to your registered mark may separately amount to trademark infringement (IPL arts. 7 and 29), which is a different legal route.

My own application has been opposed. What can I do?

You may respond to the opposition within the one-month period the Office gives you. If the opposition relies on IPL art. 6(1) and the opponent's mark had been registered for at least five years on the application (or priority) date of your application, you may also request proof of use within that period. If a deal with the other side is possible, settlement and a letter of consent can also be considered.

Do I need a lawyer or trademark agent?

Not if you are resident in Turkey; you can file the opposition yourself. Persons resident abroad can act before the Office only through a trademark or patent agent (IPL arts. 160(1) and 160(3)).