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Trademark Appeal Stages
If the trademark owners or their attorneys evaluating the Official Trademark Newsletter come across with trademarks or applications which are similar to their trademarks, a petition or form of appeal is created after the facts have been established. The appeal request is created in terms of content and form as required. This is done with the help of expert representatives. Then, the information and evidence supporting the appeal is collected. It is forbidden for third parties to learn these proofs which are hidden proofs. The petition for appeal is submitted to the institute for the fee determined by the institution. In addition, the attorney fee is also collected.
Appeal to the Decision of the Trademark Institute
Due to the appeal, the trademark institute may take a refusal or a partial refusal decision for the application in question by assessing it. Both sides are informed of the decisions taken. Then, the complainant may appeal to the Re-examination and Evaluation Board within 2 months. The decision given by this board after the review is final. The appealing company or person may appeal only to the Court of Intellectual and Industrial Property Rights to demand the cancellation of the decision. Companies, individuals or firms who apply for trademarks and are being appealed to may object to the Turkish Patent Institute together with the documents required to correct the legal or general factors which cause rejection by examining the factors causing the rejection decision in refusal or partial refusal decisions. If the documents and information provided by this appeal are not sufficient, the proxy firm will report this to the customer and begin the proceedings for the realization of the new regulations.
If the trademark is not followed up after the registration process, the imitations of the trademark can develop. All of the trademark rights might be open to attacks. The trademark can be infringed. Trademark owners should also know what to do in this regard and may work with experts. Trademark owners can make various requests by applying to the court in this regard. If it is determined that the trademark has been infringed, the trademark owner companies have the right to appeal to the court in order to stop this infringement and to compensate the material and moral harm. With the decision of the court, trademark owners may confiscate the trademark, the products used for this trademark, and the vehicles that produce these products due to the infringement to the trademark rights. In addition, the trademark owner firms or persons may request from the court to grant them ownership rights related to counterfeit goods that are confiscated. In the case of a request made in this way, the material value of the goods for which the property is granted is compensated by reducing the redemption cost. It may also be required to erase the names and logos on the counterfeit goods confiscated or to request the destruction of those counterfeit goods in order to prevent the infringement of the trademark. It is also requested that the court's decision be made public. The party that infringed the trademark is also responsible for paying the costs of the lawsuits filed on behalf of the infringement of the trademark.
There must be a justifiable reason for the decision to appeal. In this process which is included in our Trademark Services, all correspondence is done by the Sistem Patent offices.
The " Trademark Appeal " fee includes the attorney fee and the tuition fee.