Responding to a Madrid Provisional Refusal in Turkey

Author: Burak Ünal · Published 10 November 2026 · 10 min read

Key takeaways

A Madrid provisional refusal in Turkey is TÜRKPATENT's notice that your international trademark cannot be protected in Turkey unless you respond in time; it is not a final rejection.
Foreign holders answer TÜRKPATENT in Turkish through a registered trademark attorney with an address for service in Turkey.
Refusals come from absolute grounds, earlier marks the office cites, or a third-party opposition, and each calls for a different response.
You respond within the period stated in the notification by arguing the grounds, restricting the goods and services, or reaching agreement with an opponent.

A Madrid provisional refusal in Turkey is a notice from the Turkish Patent and Trademark Office (TÜRKPATENT) that your international trademark cannot be protected in Turkey, in whole or in part, unless you answer it. It is not a final rejection. You have a set period to respond, and in our practice before TÜRKPATENT, the outcome usually turns on replying in time with arguments and evidence that meet the exact ground the office has cited. This guide explains why the refusal is issued, the deadline you are working against, and how to respond through a registered representative in Turkey.

What Is a Madrid Provisional Refusal in Turkey?

A Madrid provisional refusal in Turkey is TÜRKPATENT's examination decision that your internationally registered trademark does not yet qualify for protection in the Turkish part of that registration. It is "provisional" because the door is still open: you can respond before anything becomes final.

When you file through the Madrid System, you make one international application through your home office, designate the countries you want (Turkey among them), and the World Intellectual Property Organization (WIPO) records the international registration and forwards each designation to the national office. The WIPO Madrid System lets you cover more than 130 countries through a single international registration, but every designated office still examines the mark under its own law. If you are weighing this route, our guide to Madrid System trademark registration explains how one filing extends to multiple countries.

TÜRKPATENT treats the Turkish designation almost exactly like a national application. If it finds a problem, it must issue a provisional refusal within the time limit the Madrid Protocol allows (up to eighteen months), and WIPO passes that notification on to you. The document you receive is usually headed as a notification of provisional refusal, and it lists the grounds, the goods and services affected, and the period in which you must reply.

Why TÜRKPATENT Issues a Provisional Refusal

TÜRKPATENT issues a provisional refusal when the mark runs into an absolute ground, an earlier right the office cites on its own, or a third-party opposition. Knowing which of the three you are facing decides how you respond, because the arguments and the procedure differ.

Absolute grounds (SMK article 5)

Absolute grounds concern the mark itself: signs that are descriptive, non-distinctive, generic, deceptive, or contrary to the examples listed in article 5 of the Industrial Property Code No. 6769. TÜRKPATENT examines every designation for these grounds of its own motion, so an international trademark refusal in Turkey often turns on whether the mark is seen as describing the goods rather than distinguishing them.

Earlier marks the office cites (SMK article 6)

TÜRKPATENT also compares your mark against earlier identical or confusingly similar registrations and applications and can refuse on that basis without any outside party stepping in. Relative grounds are set out in article 6 of the Code.

A third-party opposition

Anyone may oppose the Turkish designation within two months of its publication in the Official Trademark Bulletin (SMK article 18). When that happens, the office records the opposition and sends you a provisional refusal based on it, so you can defend your mark.

How Long Do You Have to Respond to the Notification?

You must respond within the period stated in the TÜRKPATENT notification of provisional refusal, which is commonly two months, as of the time this article is written. The clock is strict: if the deadline passes without a proper reply, the refusal becomes final for the goods and services it covers, and that part of your protection in Turkey is lost.

Treat the date on the notification as the real starting point, not the day you happen to read it. Appointing a representative, translating documents and preparing a reasoned response all take time, and the office does not grant generous extensions. Acting in the first days rather than the last week is the single most useful thing you can do.

Why a Foreign Holder Needs a Local Representative in Turkey

If you have no domicile or commercial establishment in Turkey, you must act through a registered Turkish trademark attorney, because the response has to be filed with TÜRKPATENT in Turkish and from a Turkish address for service. This is why a local representative for a Madrid designation in Turkey is not an optional extra but the practical gateway to answering at all.

A registered attorney (marka ve patent vekili) files on your behalf, receives the office's communications, and keeps the deadline. In most cases no notarised power of attorney is needed to file through a registered attorney, which removes one common delay. EU brand owners are sometimes surprised that an EU trade mark does not cover Turkey, so the Madrid designation is their route in, and the provisional refusal is answered the same way whatever your home country.

How to Respond to a Madrid Provisional Refusal in Turkey, Step by Step

Responding to a Madrid provisional refusal in Turkey follows a clear sequence, and the strongest response usually combines argument on the grounds with practical narrowing of the dispute.

Read the notification in full. Identify the exact ground cited, which goods and services are affected (a refusal is often partial), and the deadline.
Appoint a registered representative in Turkey and give the address for service, so the office has a valid channel and the deadline is held.
Work out the strongest answer to each ground separately, because an absolute-grounds point and a cited earlier mark are argued very differently.
Choose your tools. You can argue that the ground does not apply; restrict the list of goods and services to move away from the conflict (a list can be restricted after filing, never extended); submit evidence that the mark has acquired distinctiveness through use; obtain a letter of consent from the owner of a cited mark or agree a coexistence arrangement; or challenge the similarity or the status of the cited right.
File the response or appeal with TÜRKPATENT in Turkish before the deadline, with the evidence attached and the arguments set out ground by ground.

The same tools apply when a purely national trademark application is refused in Turkey, so the experience of answering national refusals carries straight across to the Madrid route.

Ex Officio Refusal or Opposition-Based Refusal?

A provisional refusal in Turkey is either ex officio, raised by TÜRKPATENT during examination, or opposition-based, raised by a third party who filed an opposition. The two follow different tracks, and it helps to see them side by side before you decide how to reply.

Feature	Ex officio provisional refusal	Opposition-based provisional refusal
Who raised it	TÜRKPATENT during examination	A third party who filed an opposition
Typical ground	Absolute grounds (article 5) or a cited earlier mark (article 6)	Earlier rights relied on by the opponent (article 6)
Your response	Arguments and evidence, often as an appeal to the Re-examination and Evaluation Board	Counter-arguments in the opposition, then an appeal if needed
Room to settle	Possible through consent or coexistence with a cited owner	Often resolved by agreement with the opponent

What Happens After You Respond

After you respond, TÜRKPATENT re-examines the mark and either grants protection, maintains the refusal, or protects the mark for only part of the goods and services. When protection is granted, WIPO records a statement of grant of protection, and your trademark is protected in Turkey from the designation date.

If the refusal is maintained, the next step for an ex officio refusal is an appeal to TÜRKPATENT's Re-examination and Evaluation Board; in an opposition, the board hears any appeal once the examiner has decided. A board decision can in turn be challenged before the specialised intellectual property courts. Those proceedings are conducted by lawyers; Leo Patent supports on the IP side (evidence, technical analysis, TÜRKPATENT records). Keeping a calm, well-documented file from the first response makes every later stage easier, which is also central to how you protect your brand in Turkey as you expand.

If an international registration of yours has drawn a Madrid provisional refusal in Turkey, send us the WIPO international registration number and the refusal notification, and we will review the grounds and the deadline and set out your options so you can decide on the response. Contact us to discuss your case.

Frequently Asked Questions

What is a provisional refusal in Turkey?

A provisional refusal in Turkey is TÜRKPATENT's notice that it cannot yet protect your trademark, either on its own examination or because of an opposition. It is not final: you have a stated period to respond before any part of the protection is lost.

Can I respond to TÜRKPATENT myself, or do I need a representative?

If you have no domicile or establishment in Turkey, you must respond through a registered Turkish trademark attorney. The reply has to be filed with TÜRKPATENT in Turkish from a Turkish address for service, which a registered attorney provides.

How long do I have to respond to a Madrid provisional refusal in Turkey?

You respond within the period stated in the notification, which is commonly two months as of the time this article is written. If the deadline passes without a reply, the refusal becomes final for the goods and services it covers.

Does a provisional refusal mean my international trademark is lost?

No. A provisional refusal affects only the Turkish designation, and only the goods and services the office names. Your international registration and your protection in other designated countries are not touched.

Can I still protect part of my goods and services?

Yes. Protection is often granted for part of the list while the office keeps its objection to the rest. You can also restrict the list yourself to move away from a conflict, though a list can be restricted after filing, never extended.

What happens if I do nothing?

If you let the deadline pass, the provisional refusal becomes final for the affected goods and services, and that part of your mark is not protected in Turkey. You would then need to refile to seek protection again, with no guarantee the same obstacle will not return.

Can a letter of consent overcome a cited earlier mark?

A letter of consent from the owner of a cited mark can help overcome a refusal based on that earlier right. Its weight depends on the facts, so it is one tool among several, alongside argument, evidence of use and a narrowed list of goods.

How much does it cost to respond?

The cost depends on the grounds, the number of classes, whether evidence or an opposition reply is needed, and any translations. We do not quote fixed figures here because official TÜRKPATENT fees change every year; we give a written, itemised quote before any work starts.

About Leo Patent

Leo Patent is the trade mark under which GORDION PARTNERS ORGANİZASYON DANIŞMANLIK LTD. ŞTİ. (Istanbul Trade Registry no. 308755-5) provides trademark and patent attorney services (marka ve patent vekili) to foreign and Turkish clients. Its registered industrial property attorneys act before the Turkish Patent and Trademark Office (TÜRKPATENT) and coordinate trademark, patent and design filings abroad with authorised local partners.

This article was prepared under the supervision of Burak Ünal, general manager of Leo Patent, registered patent attorney (TÜRKPATENT reg. no. 1677) and registered trademark attorney (TÜRKPATENT reg. no. 2900). He holds a Business Management degree from Boğaziçi University (2016) and an MSc in Finance from the London School of Economics, which he attended as a Chevening Scholar; he is also a congress member of Galatasaray Sports Club. He advises clients in Turkish, English, French and Chinese. Leo Patent's other registered attorney is Kaan Karanfiloğlu, trademark attorney (TÜRKPATENT reg. no. 2909). Leo Patent is not a law firm and does not provide lawyer services, court representation or litigation.

Need help with a trademark or patent in Türkiye? Contact Leo Patent for a consultation: www.leopatent.com · contact@leopatent.com · phone and WhatsApp +90 532 603 88 40.

Disclaimer: Leo Patent is a trademark and patent attorney firm (marka ve patent vekili) and is not a law firm; it does not provide lawyer services, legal advice or court representation. This article is for general informational purposes only and you are strongly advised to consult a qualified professional to evaluate your personal situation. No liability is accepted that may arise from the use of the information in this article.