How Does the Appeal Process Against Rejection Decision in Trademark Registration?
While trademark registration applications are evaluated by the Turkish Patent Institute, it examines the registration of the trademark according to the relative and absolute refusal reasons. As a result of the trademark registration examinations, the registration of the trademark may be refused.
Objection against TPI decisions must be made within 2 months after notification of the decision. For whatever reasons the rejection decision has been made, an objection file is prepared regarding these reasons. In order for the objection to be in accordance with the legal legislation, it must be prepared as an official file by experts in this field. Our company provides expert support in the process of appeal against trademark rejection . In order for the objection to be examined, the objection petition must be prepared in accordance with the TPI objection legislation.
What Are The Reasons For The Rejection Decision In Trademark Registration?
Absolute refusal reasons in trademark registration are the reasons that take into account the public interests. The fact that the quality and characteristics of the mark selected as a trademark are against the public interest indicates the absolute reasons for refusal. Relative reasons for refusal are not the characteristics of the brand, but the protection of the rights of others.
The fact that someone else was entitled to the symbol selected as a brand before is a relative reason for refusal. Objection against trademark rejection decision procedures work differently for different reasons. TPI can decide to refuse in the following cases;
- No distinctive feature of the brand
- Using an emblem known by all
- Containing words belonging to certain occupational groups
- To create misleading perceptions of the public
- If it is likely to be mistaken for another brand
- The same sign has been registered before
- The presence of a religious phrase or an expression that evokes religion
- Using public symbols
- Similar to worldwide known brand symbols
Is an Appeal Necessary Against Trademark Rejection?
If the trademark registration application is rejected, an appeal is absolutely necessary. Turkish Patent Institute YİDK (Re-Examination and Evaluation Board) fulfills its function with the thought that the evaluations made may be erroneous.
Incorrect decisions may be made in application evaluations. With the expert support of our company, you can manage the appeal against trademark rejection decision quickly and easily. After the objection to the decision made professionally, your file, which is re-examined, can receive trademark registration approval.