Trademark Watching in Turkey
Trademark registration is an important step in protecting a brand, but registration alone does not prevent third parties from filing new applications for identical or similar trademarks. Trademark owners should therefore monitor newly published applications and identify potential conflicts before the opposition period expires.
Our trademark watching service in Turkey monitors relevant trademark publications before the Turkish Patent and Trademark Office (TÜRKPATENT) and reports potentially conflicting applications to trademark owners and their representatives.
Why Trademark Watching Is Important in Turkey
TÜRKPATENT examines trademark applications on absolute grounds for refusal before publication. However, conflicts with earlier trademark rights may need to be raised by the owners of those earlier rights through an opposition.
A trademark owner who does not monitor new applications may discover a conflicting trademark only after the opposition period has expired. At that stage, challenging the later right may require different and potentially more complex legal procedures.
Trademark watching provides an early-warning mechanism. It allows potentially conflicting applications to be identified while they are still within the publication and opposition stage.
How Trademark Watching Works
Trademark applications accepted for publication by TÜRKPATENT are published in the Official Trademark Bulletin.
Our watching service reviews newly published applications against the trademarks included in the monitoring portfolio. When a potentially relevant application is identified, we assess factors such as:
- similarity between the trademarks;
- similarity or relationship between the relevant goods and services;
- the classes covered by the applications and registrations;
- the overall likelihood of conflict with the earlier trademark rights.
Where an application appears relevant, the trademark owner or instructing IP firm is informed so that the available options can be considered before the opposition deadline.
Trademark Opposition Period in Turkey
A third party may file an opposition against a published Turkish trademark application within two months from the publication date.
The opposition must be filed within this statutory period and must state the grounds on which registration of the application is opposed.
For this reason, timely identification of potentially conflicting applications is an important part of an effective trademark protection strategy.
What Our Trademark Watching Service Covers
OPTIMUM PATENT OFFICE provides trademark watching services for trademarks requiring protection in Turkey.
The scope of monitoring can be determined according to the trademark owner’s portfolio, relevant goods and services and commercial priorities.
Our service may include:
- monitoring newly published Turkish trademark applications;
- identifying identical and potentially similar trademarks;
- reviewing relevant goods and services;
- assessing potentially conflicting applications;
- reporting relevant publications to the trademark owner or its foreign representative;
- providing an initial assessment of whether further examination or opposition should be considered.
The decision whether to file an opposition remains with the trademark owner. Where requested, we can separately review the identified application and advise on the available opposition strategy.
Trademark Watching for Foreign Trademark Owners
Foreign companies frequently protect their trademarks in Turkey either through a direct national trademark application or by designating Turkey under the Madrid System.
In either case, monitoring later Turkish trademark applications can help the owner identify potentially conflicting rights at an early stage.
We can provide the watching service directly to foreign trademark owners or work with their existing trademark attorneys and IP firms abroad. Reports concerning potentially relevant applications can be provided electronically, allowing the trademark owner or its representative to decide whether further action is appropriate.
Does TÜRKPATENT Automatically Refuse Similar Trademarks?
Not every conflict with an earlier trademark is necessarily resolved automatically during the examination of a new application.
TÜRKPATENT examines applications before publication, but owners of earlier rights may need to rely on the opposition procedure where a published application conflicts with their earlier trademark rights.
This distinction is one of the principal reasons why active trademark watching can be valuable even after a trademark has been successfully registered.
For information about obtaining trademark protection in Turkey, see our Trademark Registration in Turkey page.
Trademark Registration and Trademark Watching Serve Different Purposes
Trademark registration establishes an industrial property right in the registered mark for the goods and services covered by the registration.
Trademark watching serves a different purpose: it helps the trademark owner identify later applications that may conflict with those rights.
The two services therefore complement each other. Registration creates the right, while monitoring helps the owner identify situations in which that right may need to be actively defended.
For an overview of our broader trademark services, see Trademark Services in Turkey.
Frequently Asked Questions About Trademark Watching in Turkey
Is trademark watching mandatory in Turkey?
No. Trademark owners are not legally required to subscribe to a trademark watching service. However, monitoring new applications can help identify potentially conflicting trademarks before the opposition deadline expires.
How long is the trademark opposition period in Turkey?
The opposition period is two months from the publication date of the trademark application in the Official Trademark Bulletin.
Does trademark registration automatically prevent later similar applications?
Not necessarily. The existence of an earlier registration does not mean that every later application presenting a potential conflict will automatically be stopped without action by the earlier rights holder. Depending on the circumstances, an opposition may be necessary.
What happens when a potentially conflicting trademark is detected?
We report the application and the relevant details to the trademark owner or instructing representative. The application can then be assessed in greater detail to determine whether an opposition or another course of action should be considered.
Can foreign companies use your trademark watching service?
Yes. We provide trademark watching services for foreign trademark owners and overseas IP firms requiring monitoring of trademark applications published in Turkey.
Trademark Watching Services in Turkey
Effective trademark protection does not necessarily end when the registration certificate is obtained. Monitoring later applications can provide trademark owners with an opportunity to identify potential conflicts before those applications proceed further through the registration process.
OPTIMUM PATENT OFFICE provides trademark watching and related opposition services before TÜRKPATENT for domestic and foreign trademark owners.
For information or a quotation for trademark watching in Turkey, please contact us.