If your trademark application filed via the WIPO Madrid System has been refused or only partially accepted in Turkey, it’s crucial to act quickly and strategically. This step-by-step guide explains what a refusal means, your rights under Turkish law, how to appeal, and how to work with a trustworthy Turkish attorney to protect your brand.
📌 Contents
What a Refusal Means under Turkish Law Your Legal Options (Response / Appeal / Litigation) Deadline Rules What “Partial Acceptance” Means Procedural Rules (Language, Representation) How You’re Notified Frequently Asked Questions (FAQs) How to Find a Reliable Trademark Attorney in Turkey Call to Action Hashtags
🔍 1. What Does the Refusal Mean?
When Turkey refuses your WIPO application, it’s called a Provisional Refusal, typically for reasons such as:
Absolute grounds: descriptive, generic, or non-distinctive terms Relative grounds: conflicts with earlier rights Technical errors: vague class descriptions, improper terms
This refusal is issued by the Turkish Patent and Trademark Office (TÜRKPATENT) and communicated to you through WIPO.
⏳ 2. Your Legal Options in Turkey
You have 2 months from the WIPO notification date to take action. Here are your options:
1️⃣ Respond to TÜRKPATENT
Submit arguments, clarifications, or evidence (e.g., proof of acquired distinctiveness). A Turkish trademark attorney must file this on your behalf, in Turkish.
2️⃣ Appeal to the Reexamination and Evaluation Board (YİDK)
If you disagree with the refusal or your response is unsuccessful, file an appeal to the YİDK. This is an internal board within TÜRKPATENT that reconsiders refusals.
3️⃣ Litigation Before Court
If the YİDK appeal is rejected, you can file a cancellation lawsuit before the Ankara Civil Court for Intellectual and Industrial Rights within 2 months of the YİDK decision. A Turkish lawyer is required.
⚠️ All of these stages must be conducted in Turkish and by authorized Turkish professionals.
📦 3. What If Your Trademark Was Partially Accepted?
In some cases, Turkey might accept your trademark for certain goods/services and refuse others. This is called partial acceptance.
You may:
Proceed with the approved part File a partial appeal for the refused goods/services
This allows partial brand protection while disputing the rest.
📝 4. Summary of Key Rules
Stage
Deadline
Who Can File
Language
Response to refusal
2 months from WIPO notice
Turkish trademark attorney
Turkish
Appeal to YİDK
2 months from WIPO notice
Turkish trademark attorney
Turkish
Lawsuit before Ankara IP Court
2 months from YİDK decision
Turkish attorney-at-law
Turkish
🧾 5. Procedural Notes
All submissions must be in Turkish You must appoint a Turkish trademark attorney (or attorney-at-law for court) Power of attorney is required, but notarization/legalization is not necessary Time limits are strict and not extendable, even during Turkish judicial holidays
📬 6. Notification and Communication
You receive the provisional refusal via WIPO Your Turkish attorney receives notifications directly from TÜRKPATENT You are responsible for monitoring deadlines and coordinating with your representative
❓ 7. Frequently Asked Questions (FAQ)
1️⃣ My WIPO application was refused in Turkey. What should I do?
You must act within 2 months. Contact a Turkish trademark attorney to assess the case and file a response or appeal.
2️⃣ Is the refusal issued by WIPO or TÜRKPATENT?
The refusal is issued by TÜRKPATENT, but forwarded to you via WIPO.
3️⃣ Can I appeal the refusal directly to court?
Yes, but it’s standard to first file an appeal to YİDK. Skipping administrative appeal may weaken your legal position in court.
4️⃣ What happens if I miss the deadline?
The refusal becomes final and your trademark will not be protected in Turkey for the refused terms.
5️⃣ Can I still use the trademark in Turkey even if it’s refused?
Yes, but without legal protection. You’ll be vulnerable to infringement, counterfeiting, or enforcement action.
6️⃣ Is hiring a Turkish attorney really mandatory?
Yes. Under Turkish law, only registered professionals can file or represent clients in trademark matters.
7️⃣ How much does the appeal process cost?
Fees vary by law firm and scope of action. Many Turkish firms offer fixed fees for WIPO-related services.
8️⃣ How can I find a reliable trademark attorney or IP lawyer in Turkey?
✅ In Turkey, all attorneys must be licensed and registered with a provincial bar association (e.g., Istanbul Bar, Ankara Bar).
✅ Trademark attorneys must also be registered with TÜRKPATENT.
What makes Turkish attorneys trustworthy?
They are subject to the Attorneyship Act (Avukatlık Kanunu) They follow strict ethical rules and disciplinary systems In case of misconduct, they can be fined, suspended, or disbarred Their services are legally accountable and regulated
⚖️ Working with a licensed Turkish attorney gives you legal security, professionalism, and recourse in case of error — unlike unlicensed “agents” or informal advisors.
You can verify credentials through:
Union of Turkish Bar Associations (TBB) TÜRKPATENT attorney registry
📣 8. Call to Action: Need Help with a WIPO Refusal in Turkey?
Don’t let your international trademark fail in Turkey due to missed deadlines or incomplete filings.
🎯 We help WIPO applicants:
Respond to refusals professionally File administrative appeals (YİDK) Initiate court proceedings if necessary
📩 Email: emre@emrekurt.av.tr
📱 WhatsApp: +90 551 942 20 34
Let us protect your brand in Turkey — fast, smart, and fully compliant.
🧠 9. SEO Hashtags
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#BrandProtection #InternationalTrademark #YİDK #IPLawyer #LegalCompliance
#TrademarkRegistration #IPLitigation #TrademarkFAQ #TrademarkLaw #AnkaraIPCourt
#TrademarkStrategy #WIPORefusal #ReliableLawyerTurkey #AttorneyTurkey #TrademarkEnforcement