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An opposition is a proceeding in which one party is seeking to prevent registration of another party's trademark. If Turkish Patent and Trademark Office (TPO) approves that a trademark application meets the criteria of a trademark, the application will be published in the Official Trademark Bulletin, so that it will be made available to the public for review.
In this case a trademark application will be published for 3 months. During this period of 3 months, real persons, legal entities and professional associations will be entitled to file an opposition before TPO to object a trademark application on the grounds that they already own it, a trademark application is similar to their own trademark, or the trademark application breaches a copyright, etc., provided that documents proving such allegation must be enclosed to such letter of objection.
To successfully prosecute an opposition, the opposer must plead and prove two things that he is likely to be damaged by a registration of the mark; and there are valid grounds as to why the trademark applicant is not entitled under law to register.
In terms of pleading, all the opposer needs to do is set forth in the notice of opposition a short statement showing how he would be damaged by registration of the trademark, and state his grounds for opposition. The opposer is bound by the grounds pleaded in its notice. Neither administrative tribunals nor the courts will consider grounds not previously raised in the notice of opposition or cancellation. Such opposition and the documents enclosed thereto will be sent to the applicant or its attorney in order to enable them to prepare an answer. The applicant or its attorney must present its answer to Turkish Patent and Trademark Office within 1 month after receiving the above mentioned opposition.
Both the opposition and its evidence documents and the answer given to it will be reviewed by the Re-Evaluation and Examination Board (REEB) of TPO, so that REEB will decide either "application will proceed" or "application will partially proceed" or "application refused".
Any person who believes that he would be damaged by the registration of a trademark may file an opposition before Turkish Patent and Trademark Office within three months of the publication of said mark.
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Since its foundation in 1992, Akkas & Associates Turkish Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized trademark law practice, our firm is now one of the leading law firms in Istanbul, Turkey. You may reach our trademark lawyers by email to email@example.com or through our Contact page.
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