Turkey provides the opportunity for applicants to make their trademark and design applications both through national channels or through WIPO.
In national trademark and design applications, having a local trademark attorney domiciled in Turkey is a must. Regarding the applications made through WIPO, unless there is an office action, rejection, opposition, or any other transactions which require direct contact with TurkPatent, you may not need a local attorney.
When Turkey is a designated country in an international application made through WIPO, the possible actions to be taken are as follows:
- In case there is a provisional refusal based on absolute grounds:
Appeals can be lodged against the refusal decisions of TurkPatent. The appeal has to be filed through the intermediary of a representative who is registered as a trademark agent at TurkPatent and domiciled in Turkey. The appeal can only be filed within two months from the notification date of provisional refusal by WIPO. If no appeal is lodged against the decision, the designation will be considered as refused in Turkey.
If the designation is accepted subsequent to an appeal, it will be published in Turkish Official Trademark Bulletin.
- In case there is an opposition during publication by a third party:
If the international registration designating Turkey is opposed during publication by a third party and the applicant has any counterview about the opposition, the documents including relevant evidence and the comments should be submitted to TurkPatent within one month starting from the notification date of WIPO to the applicant. The counterview can only be filed with the help of an authorized Turkish trademark attorney. If no document is submitted within the specified period, the opposition will be examined based on the existing documents.
Additionally, if the trademark -which is the ground of the opposition- has been registered for at least five years at the date of the application or the date of priority of the application for which the opposition is filed, upon the request of the applicant, it shall be requested from the opponent to submit evidence proving that he had genuinely used his trademark on the goods and services related to the opposition during the five years period before the date of the application or the date of the priority of the latter application, or he has a proper reason for not using his trademark during that period.
The time limit to submit evidence of use is one month from the date of notification of opposition. In case the opponent fails to submit evidence, opposition shall be refused. If the evidence of use is submitted and it covers some of the goods and services, then the opposition shall be examined only for those goods and services.