Objection and Actions Against Decisions of the Turkish Patent Institute

 

The TPE is the authority competent in trademark, patent, design registration in Turkey.

The TPE is at the top of the patent offices mostly performing in the World.

There are laws and specialized courts regulating the Trademark, Patent, Design and Copyrights in Turkey.

There is a right of administrative objection against decisions of the TPE.

There is a right to bring an action at the Court against the final decision of the TPE.

The right of objection and lawsuit against decisions of the TPE has been restricted by very short periods (1 month – 3 months). Any procedures which are not performed timely are rejected.

It is required to file an objection or defence against decisions of the TPE in a short period (1 month / 3 months).

In case of a failure to file an objection and defence timely, losses of right occur and the right to bring an action at the Court against decisions of the TPE is also lost!

It is required to bring an action for NULLITY and REVISION OF DECISION at ANKARA Courts against final decisions issued by the TPE no later than 2 months.

Allegations to be submitted at the Court must be consistent with the objection filed with the TPE; otherwise it is not considered by the court.

Therefore, it is important to prepare the objection with the TPE comprehensively and in detail.

It is especially important for objections and defences for patent registration procedures to be realized by the Patent Attorneys prepared the file.

Medicine, chemistry and cosmetics patent registrations, requiring specialization, must be monitored by the patent attorneys specialized in these fields.

Most of the Turkish Trademark and Patent representatives are NOT AN ATTORNEY!

Objections and defences, prepared by non-attorney Trademark and Patent Representatives, are made by using printed (ready) drafts which causes loss of right in the TPE and at the COURT.

It is possible to make a trademark application through the WIPO and International application systems. However, if the application is rejected or objected, it is compulsory and beneficial for the Turkish Trademark and Patent attorney to follow up the transaction!

Our attorneys are the Trademark and Patent Attorneys in the TPE and also act as an Expert before the Turkish Courts and Administrative Authorities.