Plan protection before entering the market
Türkiye connects European and Asian markets, making early brand planning relevant to businesses considering expansion there. A filing starts with a clear representation of the mark and an appropriate specification of goods and services under the Nice Classification. A prior-mark search should inform that scope. The procedure below concerns Turkish protection; choosing a language for this guide does not change the jurisdiction or the applicable rules.
Examination, publication and registration
TÜRKPATENT examines formal requirements and substantive grounds for refusal. Where a formal deficiency is identified, the applicant is generally given two months to remedy it. An eligible application is published, opening a two-month opposition period. If no opposition is filed, or opposition is finally rejected, registration can proceed after the required fee and procedural steps. Deficiencies, refusals and oppositions affect the timetable, so this sequence is not a promise of a fixed total completion time.
Notarized consent from an earlier proprietor
Turkish practice provides a route for overcoming the specified refusal ground involving an identical or indistinguishably similar earlier mark through a notarized document expressing the earlier proprietor’s clear consent to registration. The wording, scope and formal requirements of the consent must fit the application and the applicable provision. A casual agreement or a consent letter is not a universal cure for all refusal grounds or third-party objections.
Proof of use in opposition proceedings
If the earlier mark had been registered for at least five years at the filing or priority date of the contested application, the applicant may request proof of genuine use during the preceding five years, or proper reasons for non-use. The evidence must be evaluated for the relevant territory, goods and services and period. If use is established only for part of the specification, the opposition is assessed within that supported scope. The request is a procedural option subject to its conditions, not an automatic dismissal of every opposition based on an older mark.
Post-registration use and filing routes
A mark that is not genuinely used in Türkiye within five years after registration, or whose use ceases for five continuous years without proper reason, may face revocation. Keep dated invoices, advertising and other evidence connecting the sign to actual trade. Protection may be sought through a direct national filing or the Madrid System, subject to each route’s requirements. Compare countries, goods and services, costs and future management needs. IPLEX assists with overseas trade mark filings and related IP matters; early review should cover clearance, opposition readiness and continuing evidence of use.
The original figure labels and forms are preserved; the text explains the facts and the court’s reasoning.
Related country guide: Türkiye (Korean)