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Trademark Search
8 March 2017
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Law
8 March 2017

Refusal of WIPO applications in Turkey

There can be refusal for WIPO applications in Turkey

Turkish Patent and Trademark Office receives about 200.000 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. TURKPATENT refuses nearly 20% of new WIPO applications, but you have a chance to overcome this. You have the opportunity to appeal official refusals, including provisional refusals, first before the Office and then in a 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. 

– Additional evidence is not allowed after filing the appeal. Therefore, we strongly recommend that applicants should prepare all arguments and necessary documents beforehand.

– To protect your trademark rights, simply send us a signed PoA. After your confirmation, we will send the PoA sample.

– A letter of consent is permissible in Turkey.

– The Office will not accept a claim of early use, except for well-known trademarks, if the refusal is based on the possibility of confusion taking into account previous registrations.

– If a refusal 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 refusal 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.

Representation Ability of Our Attorney Firm

If TURKPATENT refuse your international trademark application for any reason, we will inform you in detail about this situation. We draw a professional way map to overcome the temporary refusal and work to protect your rights in the best way possible by presenting a good appeal.

Etiket Patent is an intellectual property firm for more than 14 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.