Opposing a Trademark Application and the YİDK Process in Turkey

Every month, the Turkish Patent and Trademark Office (TÜRKPATENT) publishes hundreds of new trademark applications in its official Trademark Bulletin. If one of them is identical or confusingly similar to your brand and covers overlapping goods or services, staying silent means allowing a near-identical mark to reach registration. Turkey's Industrial Property Code (SMK, Law No. 6769) gives earlier rightsholders an administrative route to stop that registration: a publication opposition, followed if necessary by review before the Re-examination and Evaluation Board (YİDK). This guide walks through the process alongside the exact code provisions that govern it.

Publication Opposition: Basis, Deadline and Grounds

Under Article 18 of the SMK, an opposition arguing that a published trademark application should not be registered under Articles 5 or 6 must be filed within two months of the application's publication. This two-month window is a strict forfeiture period — miss it, and your only remaining option is a later invalidation lawsuit.

The opposition must be submitted in writing and with reasons, the grounds must be stated within the same period, and the examination fee must be paid on time. Otherwise the opposition is deemed not to have been filed.

Grounds fall into two categories. Absolute grounds (Article 5) concern public-interest issues such as lack of distinctiveness or deceptiveness. Relative grounds (Article 6) protect earlier rightsholders: a likelihood of confusion with an earlier mark (Art. 6/1), protection of well-known marks (Art. 6/4 and 6/5), an unauthorised application by a commercial agent (Art. 6/2), priority in an unregistered but commercially used sign (Art. 6/3), and bad-faith applications (Art. 6/9).

Who Can File an Opposition?

Because the Article 6 grounds operate "upon opposition," the right to oppose belongs primarily to earlier rightsholders: owners of marks registered or applied for at an earlier date, holders of priority in a sign used in trade even without registration, and owners of well-known marks within the meaning of Article 6bis of the Paris Convention. The owner of a mark that has reached a well-known status in Turkey may oppose under Article 6/5 even when the later application covers different goods or services. For oppositions based on absolute grounds (Article 5), the category of "interested persons" is read more broadly.

The Trademarks Department Decision and Appeal to the YİDK

At the first stage, the opposition is examined by TÜRKPATENT's Trademarks Department under Article 19. The Office invites the applicant to submit observations. An important rule applies here: if the mark relied on in the opposition has been registered in Turkey for at least five years as of the application date, the applicant may request proof of use; if the opponent cannot prove genuine use for the relevant goods or services, the opposition is rejected.

Following examination, the Department may reject the application wholly or in part, or reject the opposition. Any party harmed by that decision — whether the opponent or the applicant — may, under Article 20, file a further appeal with the Office within two months of notification. Appeals free of formal defects are examined by the Board under Article 21. Under the definition in Article 2, this Board sits within the Re-examination and Evaluation Department — in practice, it is known as the YİDK. The YİDK issues the Office's final decision after its review.

Cancellation Action Against a YİDK Decision

A YİDK decision closes the administrative process, but the final word rests with the courts. Article 156 of the SMK designates the intellectual and industrial property civil court as the competent court for actions under the Code. Its second paragraph names the Ankara Intellectual and Industrial Property Civil Court as the competent and authorised court for all actions against decisions of the Office.

A party dissatisfied with the YİDK's final decision may therefore file a cancellation action before the specialised court in Ankara. In settled case law, this action must be brought within a two-month forfeiture period from notification of the decision. The court's judgment binds the YİDK, and once final it is entered in the register.

Bulletin Monitoring for Foreign Brand Owners

Owning a strong brand abroad does not grant automatic protection in Turkey. Because Turkey applies a first-to-file system, bad-faith third parties may attempt to register well-known foreign brands in their own name. The most effective way to neutralise this risk early is monitoring the Trademark Bulletin.

Practical steps:

1. Set up a watch service. Screen the Bulletin regularly for your mark and similar variants so you never miss the two-month opposition window.
2. Register early in Turkey. File an application to secure priority even before actual local use.
3. Build an evidence file. Compile invoices, marketing materials and sales records that support claims of reputation and use in advance.
4. Be ready for proof of use. Remember that for marks older than five years, the other side may demand proof of genuine use.

Frequently Asked Questions

What can I do to protect my brand if I miss the opposition deadline? Once the two-month window passes, the administrative route closes; but if registration goes through, you can file an invalidation action before the intellectual and industrial property civil court within five years of registration. In cases of bad faith, that time limit does not run.

Do I need a mark registered in Turkey to oppose? No. An earlier-dated application, priority in an unregistered sign used in trade, or well-known status under the Paris Convention can all serve as grounds. You must still be able to document a priority relationship.

Is a YİDK decision final? The YİDK decision ends the administrative process but remains subject to judicial review. A dissatisfied party may file a cancellation action before the Ankara Intellectual and Industrial Property Civil Court.

Can proof of use be demanded in every opposition? No. Proof of use arises only where the mark relied on in the opposition has been registered in Turkey for at least five years as of the contested application's date, and only upon the applicant's request.

How Mona Hukuk Can Help

Trademark opposition and the YİDK process are a specialised field built on strict deadlines and technical evidence management. Mona Hukuk advises domestic and foreign brand owners on Trademark Bulletin monitoring, drafting publication and appeal oppositions, assembling proof-of-use files, and cancellation actions against YİDK decisions before the specialised court in Ankara.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 for a consultation in Antalya.