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Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Anthonia Ghalamkarizadeh
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Raising arguments on appeal in Turkey

In Decision 2008-M-3394 of 2 July 2008 the Turkish Patent Institute's Trade Marks Department Directorate reviewed the scope of the arguments that can be raised on appeal in opposition proceedings. In Turkey the owner of an earlier registered mark may oppose the registration of a later mark on grounds of confusing similarity within three months of publication of the application in the Official Bulletin. If the opposition is dismissed, the opposing trade mark owner has two months in which to lodge an appeal to the Re-examination and Evaluation Board. That Board's decision, being final and binding in the administrative proceedings, may be challenged only by filing an action before the IP courts.

Recently the Institute has states that no argument raised in the appeal petition can be taken into consideration if it was not previously raised in the original opposition. In consequence, opponents are advised to specify carefully the arguments on which the opposition is based, providing as many grounds of opposition as possible and making sure that they submit as many documents as possible to the Institute.

[Source: Begüm Beyhan and Ceylin Beyli, Mehmet Gün & Partners, Istanbul, writing in World Trademark Report].

Posted by: Blog Administrator @ 11.45
Tags: Turkey,
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