- Protection period
- This is a process service; the opposition period after publication is 2 months from the publication date
- Process duration
- It generally takes months because of the Office's examination and the parties' statement and response periods; it may take longer depending on the nature of the file and on opposition or additional information requests.
Table of contents
- What is a trademark opposition, and who can file one?
- How many months do you have to file an opposition against a published application?
- Grounds for opposition: absolute and relative grounds for refusal
- What can be done if an opposition has been filed against you?
- How is a strong opposition or defense file prepared?
- Can you appeal if a trademark application is refused?
- What is the difference between invalidity and cancellation?
- How does cancellation for non-use work?
- Official fees and critical deadlines in opposition and cancellation proceedings
- Scope and limits of our service
What is a trademark opposition, and who can file one?
A trademark opposition is a written request, filed with the Turkish Patent and Trademark Office (TÜRKPATENT), asking that a trademark application published in the Official Trademark Bulletin not be registered. Oppositions are usually filed by earlier trademark owners and by other interested parties whose rights would be harmed by the registration. The process also works the other way around: if an opposition has been filed against your application, you need to prepare a written response.
For both sides, the critical point is the deadline. Deadlines are short, and missing one can mean losing your rights, so the calendar must be monitored carefully from the day a publication, opposition or refusal notice arrives.
How many months do you have to file an opposition against a published application?
If a trademark application is found acceptable after examination, it is published in the Official Trademark Bulletin. An opposition can be filed within 2 months of the publication date. In broad terms, the process looks like this:
- The applications published in the Bulletin are screened, and those that carry a risk of conflict are identified.
- The grounds and evidence for the opposition are prepared; within the deadline, the opposition is filed with TÜRKPATENT and the required fee is paid.
- The Office notifies the applicant of the opposition and requests a response.
- The Office reviews the statements and evidence of both parties and issues its decision.
Important: The opposition period starts on the date the application is published in the Bulletin. The current opposition fee should be confirmed with TÜRKPATENT. If you track deadlines together with us, you do not need to scan the Bulletins one by one.
Grounds for opposition: absolute and relative grounds for refusal
The ground on which an opposition is based determines how the process will unfold.
| Ground | Meaning | Example |
|---|---|---|
| Absolute grounds for refusal | Arise from the nature of the trademark itself and relate to the public interest. The Office already examines these on its own initiative. | Lack of distinctiveness, descriptiveness, deceptiveness |
| Relative grounds for refusal | Arise from a conflict with the rights of earlier right holders. The Office does not examine these on its own initiative; the earlier right holder must raise them through an opposition. | Similarity to an earlier registered trademark, likelihood of confusion |
For this reason, if you are an earlier right holder, you should monitor new applications similar to your trademark yourself or through a watch service. The Office's own ex officio check is not sufficient with respect to relative grounds.
What can be done if an opposition has been filed against you?
When an opposition notice arrives, instead of panicking, a defense strategy is determined based on the file. Depending on the situation, the following options are considered:
- Demonstrating distinguishing differences: Visual, phonetic and conceptual differences are explained, together with the sector and consumer perception.
- Limiting the list of goods and services: The scope of the opposition can be narrowed by removing the items that cause the conflict from the list.
- Requesting proof of use: If the trademark relied on by the other party has not been used for a long time, proof of genuine use can be requested within the conditions set out in the legislation.
- Seeking a settlement: Solutions such as withdrawal of the opposition, a coexistence agreement, or an assignment and license can be discussed.
Which path is appropriate depends on the nature of the trademark, the ground for opposition and the commercial goals of the parties; we determine this together during the preliminary assessment.
How is a strong opposition or defense file prepared?
The Office decides on the basis of the parties' written statements and evidence. For this reason, an organized and well-reasoned file affects the outcome:
- Comparative analysis: The spelling, pronunciation, meaning and appearance of the two trademarks are assessed side by side, with reasons.
- Relationship between goods and services: Overlapping or closely related goods and services are addressed one by one, and the reason for any difference is explained.
- Evidence of use and reputation: Dated invoices, catalogs, advertisements and sales records show the trademark's position in the market.
- Commercial context: The sector, target audience and sales channels matter in deciding whether consumers would confuse the two trademarks.
- Timing: The filing must be made on time, with complete documents.
Can you appeal if a trademark application is refused?
Yes. If your application is refused in part or in full by the Office, you can apply to the Re-examination and Evaluation Board within TÜRKPATENT within the short period set out in the legislation, counted from the notification of the decision. The appeal presents legal and technical arguments against the grounds for refusal, such as distinctiveness, meaning, evidence of use and limiting the list of goods and services. Court action remains available against the Board's decision; the court stage is handled by an attorney. You can also read our article on reasons for trademark application refusal, which explains the grounds for refusal in more detail.
What is the difference between invalidity and cancellation?
There are two main types of requests against a registered trademark:
| Request | Basis | General effect |
|---|---|---|
| Invalidity | The registration was unlawful from the outset (for example, it was registered despite a ground for refusal, or the application was filed in bad faith) | The registration may be terminated retroactively |
| Cancellation | Grounds that arise after registration (for example, the trademark not being used, becoming a generic term in trade, or misleading use) | The registration is terminated going forward |
Which authority (the Office or a court) and which procedure will apply depends on the type of request and the current legislation. During the preliminary assessment, we clarify which path suits your file.
How does cancellation for non-use work?
If a trademark is not genuinely used for 5 years from registration without a valid reason, it risks cancellation. This request is a route available against old trademarks that are not in use but block your new application. The following points are decisive when preparing the request:
- Researching and gathering evidence on whether the trademark is actually and genuinely being used.
- Assessing separately which goods and services the trademark is used for.
- If use is claimed, examining evidence such as dated invoices, catalogs and advertisements.
For your own trademark, keeping evidence of regular use is the simplest protection against the risk of cancellation. For details, see our article on renewal and cancellation for non-use.
Official fees and critical deadlines in opposition and cancellation proceedings
TÜRKPATENT's 2026 tariff includes the following fees for opposition and cancellation transactions (checked on November 14, 2026). The service fee is not included.
| Item | 2026 fee |
|---|---|
| Opposition to a trademark application published in the Bulletin | 1.150,00 TL |
| Appeal against the Office's decision (trademark) | 2.720,00 TL |
| Trademark cancellation fee | 35.320,00 TL |
| Trademark cancellation request deposit amount | 35.320,00 TL |
For a cancellation request, the tariff lists the "cancellation fee" and the "deposit amount" as separate items; for the payment conditions and the outcome, the Office's notification and the official table should be consulted. For an opposition to be examined, the fee must be paid within the opposition period, and information showing that it has been paid must be submitted to the Office within the same period.
| Topic | Period / rule | SMK |
|---|---|---|
| Opposition to publication | 2 months from publication of the application in the Bulletin; if the grounds of opposition are not submitted within the same period, the opposition is deemed not to have been filed | Art. 18 |
| Appeal against the decision | 2 months from notification of the decision; after the deadline, the grounds cannot be changed and new grounds cannot be added | Art. 20 |
| Proof of use | If the trademark on which the opposition is based had been registered for at least 5 years on the filing date of the application opposed, then at the applicant's request the opposing party is asked to prove genuine use in the last 5 years or proper reasons for non-use | Art. 19 |
| Settlement | The Office may encourage the parties to settle; the provisions of the Mediation Law apply to a settlement | Art. 19 |
| Cancellation for non-use | A request for cancellation can be made to the Office for a trademark not genuinely used for 5 years; once the 5 years have passed, genuine use that began before the cancellation request prevents the request, but use evidently made in view of a cancellation request is disregarded if it took place in the last 3 months before the request was filed | Art. 9, 26 |
| Invalidity | Sought from the court for a trademark registered despite the existence of absolute or relative grounds for refusal; the Office is not a party to the case | Art. 25 |
Note: The Office may also refuse an application ex officio because of an earlier trademark that is identical or so similar as to be indistinguishable (SMK Art. 5/1-ç). A refusal based on likelihood of confusion, on the other hand, is examined upon the opposition of the earlier right holder (SMK Art. 6/1). This difference affects at which stage and with which evidence the defense is built.
Scope and limits of our service
In this area, Anlar Grup provides legal process consulting and filing management: reviewing the file, organizing the grounds and evidence, preparing petitions, submitting them to TÜRKPATENT, tracking deadlines and reporting on developments.
Note: We do not provide litigation representation at the court stage. If your file moves to court, we recommend working with an attorney experienced in the field; the file and evidence archive prepared up to that stage can be handed over to your attorney. No outcome is guaranteed for any opposition or defense; the decision belongs to the Office or the court.
To review your file together, contact us or fill in the quote form. If you have not yet filed your application, you may also consider our trademark search service to reduce the risk of opposition and refusal from the start.
What the service includes
- Assessment of published similar trademark applications
- Preparation of the grounds and evidence for an opposition
- Preparation of a written response to oppositions filed against you
- Preparation of the appeal file against refusal decisions
- Preliminary assessment for cancellation, invalidity and non-use requests
- Deadline tracking and periodic status reports
- Assessment of settlement and coexistence options
The application process, step by step
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1
File and risk review
We review the relevant application or registration, the Office correspondence and the deadlines, and determine which path is appropriate.
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2
Strategy and grounds
Based on absolute or relative grounds, we define the grounds for the defense or opposition and the evidence needed.
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3
Preparing the petition and evidence
We prepare the reasoned petition and its supporting evidence and submit them for your approval.
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4
Filing with the Office and deadline tracking
We submit the filing to TÜRKPATENT within the deadline, and put correspondence and new deadlines on the calendar.
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5
Reviewing the other party's statements
We review the responses received and the Office notifications, and report to you on any need for additional statements.
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6
Roadmap after the decision
Depending on the outcome, we plan the next steps together (appeal to the Board, settlement, registration, assessment of court options).
Required information and documents
- Your own trademark application or registration details
- Details of the application you wish to oppose or that has been opposed against yours (application number, Bulletin information)
- Office correspondence and notifications (including the refusal decision)
- Evidence of trademark use (dated invoices, catalogs, advertisements, web page records)
- Documents supporting the earlier right (registration certificate, trade name records, etc.)
- Power of attorney
- Fee payment receipts
Frequently asked questions about Trademark Opposition and Cancellation Service
What is the deadline for opposing a trademark publication?
An opposition can be filed within a period of 2 months from the date the trademark application is published in the Official Trademark Bulletin. If this period is missed, the right to oppose cannot be exercised; however, other legal routes (for example, invalidation) may be considered depending on the nature of the file.
An opposition has been filed against my application; what should I do?
The Office notifies you of the opposition and asks you to submit a written response within a certain period. This period must not be missed. In the response, options such as distinguishing differences, narrowing the list of goods and services, a request for proof of use, or a settlement are assessed according to the file.
My trademark application was refused; can I object?
Yes. Within the short period set by the legislation from notification of the refusal decision, an appeal can be filed with the Re-examination and Evaluation Board of the Turkish Patent and Trademark Office (TÜRKPATENT). At this stage, legal and technical arguments are presented against the grounds for refusal; it cannot be guaranteed that the outcome will be in your favor.
Can I request the cancellation of an unused trademark?
A trademark can be canceled if it is not genuinely used within 5 years from registration without a legitimate reason. Before the request, the status of use is investigated and the state of the evidence is assessed. Which authority will be competent is determined according to the current legislation.
Do you file lawsuits or represent me in court?
No. Anlar Grup provides legal process consulting and application management; it does not act as litigation counsel. If the file moves to the courts, we recommend working with an attorney who is well versed in the subject; the file and evidence we have prepared can be passed on to your attorney.
Is success in an opposition or defense guaranteed?
No. The decision belongs to the competent authority or court. Preparing the grounds and evidence strongly increases the chances, but no outcome can be guaranteed. We openly share the strong and weak points of the file from the start.
What are the official fees for a trademark opposition and a cancellation request?
In TÜRKPATENT's 2026 tariff, the fee for opposing a published trademark application is 1.150 TL, and the fee for a trademark appeal against the Office's decision is 2.720 TL. For a trademark cancellation request, the tariff lists a cancellation fee of 35.320 TL and, in addition, a deposit amount of 35.320 TL. The opposition fee must be paid within the opposition period; the amounts may change and do not include the service fee.
