- Trademark Research
- Trademark Registration Application
- International Trademark Registration
- Trademark Monitoring
- Trademark Opposition Procedures
- Opposing Observation Towards Trademark Opposition
- Trademark Renewal Procedures
- Trademark Transfer Procedures
- Trademark License Procedures
- Other Trademark Procedures
Opposing Observation Towards Trademark Opposition
When there is an opposition to your trademark application, an observation can be submitted against the opposition .Following the application of trademark applications, after the formal and legal evaluation of the Turkish Patent Institute, the applications are published in the Official Trademark Bulletin. The period of publication is 3 months, as specified in the 556 numbered Trademark Decree and related regulations. During this three-month publication period, previous trademark owners or applicants may oppose to the trademark application within the publication period, based on their previously registered trademark rights.
The applicant, whose trademark application is contested, can express an observation against the opposition. The opposing observation shall be notified to the applicant or its representative within the framework of Article 36 of the 556 Numbered Trademark Decree. The applicant, whose trademark is opposed, submits his/her observation against the opposition through his attorney. Although there is no time limitation in the Trademark Decree No. 556 and the regulation on implementation, it is required to submit an observation within a period of 1 month in order for the opposing observation to be taken into consideration during the examination phase of the opposition. In the Turkish Patent Institute's notification of opposition, "If the documents and information containing your opposing opservations regarding the opposition are submitted within a period of one month, if no notification is made, the opposition will be examined in line with the existing information and documents." is said.
Although it is recommended, there is no obligation to express an opinion against the opposition to the brand trademark publication.
When the petitions of opposition to the publication are examined, it is seen that the reasons are exaggerated or that the similarity evaluations are expressed biased. The counter-observation process is a defense at the stage of evaluation of the opposition. Or it allows the assessor to view the opposition from a different perspective and to consider the anti-arguments. Especially when there are grounds for opposition to a trademark allegedly made maliciously, it is important to express a counter-observation and explain where the trademark selection was made.
You can contact us to benefit from our attorneyship service and experience for the purpose of expressing observations, writing answers and defending the opposition against trademark oppositions.