Trademark Opposition in Türkiye

Grounds for opposition

Oppositions are based on the grounds in article 6 of Industrial Property Law No. 6769 (SMK): an identical or similar earlier mark for identical or similar goods and services with a likelihood of confusion, an earlier well-known or reputed mark, earlier unregistered use or a trade name, and bad-faith filings, as well as the absolute grounds of article 5.

Proof of use

If the opposing mark had been registered in Türkiye for at least five years at the filing date of the opposed application, the applicant can ask the opponent to prove genuine use in the previous five years (SMK article 19(2)). If use is not proven, that earlier mark is not taken into account.

Who can oppose

The owner of an earlier mark, trade name or other earlier right, and for the absolute grounds any interested person. Third parties can also send observations on absolute grounds; observations do not make the sender a party to the procedure.

Defending an application

We review the opponent's grounds and evidence, request proof of use where available, argue the differences between the marks and the goods, and where useful propose a limitation of the specification or a coexistence agreement.

Legal basis

Industrial Property Law No. 6769 (SMK), articles 5, 6, 18 (opposition within two months of publication), 19 (examination of oppositions and proof of use) and 20 (appeal).