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The person, whose trademark application is refused, initiates a
lawsuit to cancel the TPI’s refusal decision; then he shall include in the
lawsuit the person who objected to the trademark application besides
TPI Directorate. The person who objected to the registration and whose
objection is refused initiates a lawsuit for cancellation of the decision;
then he shall include in the lawsuit the person who made application for
trademark registration besides TPI Directorate.
Conclusion
Article 47 and following articles of Decree Law no 556 regulate the
appeal and litigation procedures against the TPI decisions. Accordingly,
it is possible to appeal against the TPI decisions. Those who are damaged
as a result of the decision of the TPI and others who are a party to the
procedures with respect to the decisions shall have the authority to appeal
and they shall use their right of appeal within two months beginning from
notification of the decision.
The relevant department of TPI may rectify its decision upon the
appeal if it finds justified and accurate. However, this shall not apply
where the appeal is filed by a person who is not directly a party to the
proceeding regarding the decision. If the related department does not
accept the appeal, then it shall convey it to the Re-examination and
Evaluation Board without any comment as to its grounds.
Re-examination and Evaluation Board decisions are final. A lawsuit
may be initiated against the decisions of the Re-examination and
Evaluation Board at the Ankara special court within a period of two
months beginning from notification of the decision. In such a case, the
defendant shall be TPI Directorate and the person whose rights shall be
affected as a result of the lawsuit shall also be included in the lawsuit.