Within the company infrastructure; Başalan Patent & Trademark has a separate Trademark Opposition Department which allows the company to overcome the trademark opposition matters specially with its staff specialized in Trademark Laws and protection in Turkey.
Başalan Patent & Trademark is very pleased to assist its clients and associates regarding with the oppositions against the trademark applications which are published in the Official Trademark Bulletins and the oppositions against the refusal decisions of the Turkish Patent Institute.
Oppositions Against the Trademark Applications Published in the Official Trademark Bulletin
Filing oppositions against the identical or confusingly similar trademarks which are published in the Official Trademark Bulletins is very important to obtain the cancellation of such trademarks when they are at the application stage. On the contrary, when the opposition is not filed against the publication, the application matures to registration and the cancellation of the registered trademark is only possible in Turkey with the court action which is time and money consuming.
In this framework; Başalan Patent & Trademark follows and prosecutes the trademarks of their clients and associates and investigates the Official Trademark Bulletins which are published monthly. Accordingly, the identical or confusingly similar trademarks are reported regularly and in accordance with the instructions of the clients and associates; the oppositions are filed in due times with the Turkish Patent Institute. The prosecution stages of the oppositions against the publications are as follows;
Filing the opposition against the published trademark application
In Turkey, third parties have the right to file oppositions against the trademark applications that are published in the Official Trademark Bulletins within 2 months from the date of publication. When the oppositions are filed against the trademark applications that are published in the Official Trademark Bulletins, the decisions of the Turkish Patent Institute are received within approximately 8-10 months.
Receiving the opposition decision of the Turkish Patent Institute
Regarding with the opposition against the published application; Turkish
Patent Institute may give 3 types of decisions;
-- Acceptance of the opposition and the refusal of published trademark application,
-- Partialy acceptance of the opposition and the refusal of the published trademark application for some of the goods and services it has applied for, and
-- Refusal of the opposition and continuation of the trademark registration proceedings
If the opposition is accepted; the published application is refused by the Turkish Patent Institute and the applicant has the right to appeal the decision within 2 months from the date of refusal.
On the other hand; if the opposition is refused by the Turkish Patent Institute; the opponent has the right to appeal the decision and file the second objection with the Turkish Patent Institute in 2 months.
Oppositions Against the Decision of the Turkish Patent Institute
When a trademark application is filed by the Turkish Patent Institute; it is examined by the Turkish Patent Institute according to the absolute and relative grounds of refusal and the application may be accepted; partially accepted or refused.
Accordingly; the applicant has the file an opposition against the total or partialy refusal decision of the Turkish Patent Institute within two months from the date of refusal.
Başalan Patent & Trademark is very pleased to assist its clients and associates regarding with the oppositions against the refusal decisions of the Turkish Patent Institute.
Absolute Grounds for the refusal of the trademarks
- Signs which can not be trademarks,
- Signs which do not distinguish the goods and services of an establishment from the other,
- Trademarks identical or confusingly similar with a trademark registered earlier or with an earlier filing date for registration in respect of an identical or same type of product or services,
- Trademarks which indicate the kind, characteristics, quality, intended purpose, geographical origin of the goods or of rendering of the
- Trademarks which are used to distinguish specific groups of craftsmen, professionals or tradesmen or have become customary in the current and established practices of the trade,
- Trademarks which are of such a nature as to deceive the public, such as to the nature, quality, place of production or geographical origin of the goods and services,
- The trademarks which are identical or confusingly similar to well-known trademarks.
- Trademarks which include religious values and symbols,
- Trademarks which are against public order and general morality,
- Signs which is formed by or including registered geographical signs
shall not be registered.
Advantages of the Oppositions
- Eliminating the possible material damages and waste of time
- Overcoming the examiner decisions preventing the registration of your trademarks,
- Obtaining the refusal of the third parties trademarks which are similar to your trademarks or which are not distinctive
And therefore to avoid unfair competition.
We as Başalan Patent Limited Şirketi has the ISO 9001:2008 Quality Certificate will be very pleased to assist you for the registration and continuance of the all kinds of Intellectual Property Rights in Turkey and all over the world with our experienced staff.
Please do not hesitate to contact with our firm for detailed information.