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Trademark Search
8 March 2017
intellectual property law in turkey
8 March 2017

WIPO Refusals in Turkey

There can be refusal for WIPO applications in Turkey

Turkish Patent and Trademark Office receives about 120.000 trademark applications per year and examines all on absolute grounds. Also searches over identical or confusingly similar trademark applications and registrations for the goods or services concerned. It is no surprise that earlier ones have broader coverage and 20% of new applications are rejected ex-officio. Official rejections including provisional refusals can be appealed by the applicant first before the Institute and then before the specialized court. The applicant of the international registration can receive a notification of WIPO refusal.

In order to respond to such refusal, the following issues should be considered:

– Where the applicant of the international registration receives a notification of refusal, applicant has the same rights and remedies as if the application has been filed directly in Turkey. In order to respond to such refusal, the following issues should be considered:

– A response is due after two months from the date of receipt of the official notification from WIPO. This period cannot be extended.

– Additional submission is not allowed after filing the response. Therefore, it is strongly recommended that applicants be prepared for all arguments and necessary documents beforehand.

– A Turkish trademark attorney should be appointed.

– A letter of consent is permissible in Turkey.

– If a rejection is based on likelihood of confusion in view of prior registrations, the earlier use argument cannot be accepted by the Office, except for well-known trademarks.

– If a rejection is based on descriptive or generic nature, this may be overcome “may” be overcome if distinctive character, prior and frequent use of the trademark and international reputation are proved.

Although the grounds for rejection and correspondingly the response strategy may change depending on the nature of the application, it is important to file all arguments together with evidence during the response in full.

Etiket Patent is an intellectual property firm for more than 10 years. We understand clients’ needs and expectations regarding expert counseling, fast response, clear communication and cost-effective quality trademark services. Should you require our professional service, please just contact us through info@etiketpatent.com

You can check your WIPO trademark application has a refusal in Turkey or not. TM Search

For filing a response against WIPO Refusal in Turkey, contact us.