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TÜRKPATENT Agent No.188 / 1670352 222 05 02
Asil Patent ve Danışmanlık — TÜRKPATENT Marka Sicili 188 · Patent Sicili 167
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Trademark Opposition & Defence

Duration
Variable — 6 months to 3 years
Official Fee
Opposition fee + (if required) court fee

Your trademark application is published for 2 months in the Official Trademark Bulletin; during this window, third parties may file oppositions. Even after registration, an invalidity action may be filed within 5 years. This page explains the defence procedures, how they are conducted, and the factors that move the success rate.

§1 Three defence scenarios

Deficiency notice (TÜRKPATENT) — a document or classification issue during formal examination. Response window: 2 months; your attorney files the correction.

Absolute-grounds refusal (TÜRKPATENT) — refusal under SMK art. 5. Appeal window: 2 months. Re-examination request and administrative appeal via the Re-Examination and Evaluation Board (YİDK).

Third-party opposition / invalidity action — the holder of an earlier registered mark challenges your application. The case is decided within the settled likelihood-of-confusion doctrine of the Court of Cassation 11th Civil Chamber.

§2 The likelihood-of-confusion test

Under the 11th Civil Chamber's settled 2024 case law, the assessment turns on four core criteria:

  1. Visual, phonetic and conceptual similarity between the signs
  2. Overlap in the nature of the goods/services and the relevant consumer group
  3. Distinctiveness and reputation of the earlier mark
  4. Average attention level of consumers (contextual to the product category)

In every defence file Asil prepares, each criterion receives its own argument, evidence and precedent.

§3 Defence process

  1. Defence preparation in the 1–2 months after service of the opposition/action
  2. Written defence + evidence submission (before the YİDK)
  3. If necessary: expert opinions, sector research, prior-use documentation
  4. YİDK decision — if unfavourable, administrative court action (Ankara Administrative Court)
  5. Subsequent appeal to the Council of State (Danıştay)
  6. In parallel, an invalidity action before the Intellectual and Industrial Property Civil Courts

§4 Anonymised case

A Kayseri food brand received an opposition from a well-known İstanbul brand. The product categories differed (cheese vs charcuterie) but the class overlapped. Through the YİDK and administrative-court process, the file we built on sector differentiation, consumer attention level and prior-use evidence was decided against the opposition 26 months later — i.e. our client's registration was preserved. Asil handled the file from start to finish.

— Salih Aksebzeci, from a 2022–2024 file (anonymised)

§5 FAQ

Should I panic when an opposition arrives? · How much is the defence fee? · How long does a court action take? · What can the opponent do if their opposition is dismissed? · How is well-known mark protection invoked in defence? · What is prior-use right and how is it proven? · How long is the Court of Cassation appeal? · How do I transfer my file when switching to Asil?

Sources

  1. SMK No. 6769 art. 18 (absolute grounds), arts. 25-29 (invalidity)
  2. Court of Cassation 11th Civil Chamber likelihood-of-confusion case law (2024)

Author: Salih Aksebzeci · TÜRKPATENT Agent Registry No. 188 · Last updated: 2026-05-14