Opposition arguments and evidence — Evidence of genuine trademark use

Opposition arguments and evidence

An opposition needs the application number, legal grounds, reasoned arguments and indexed evidence. Verify the official filing procedure, payment and receipt before the deadline. Sending documents to a consultant or by ordinary email is not necessarily a valid official opposition.

File case: trademark and design objections share one folder, images are undated and no one knows which right supports which document. For each record identify number, competent office, event date, procedure and an argument–evidence table. Connect genuine use, earlier appearance or prior technical information to the appropriate legal test. Keep official submission and payment receipts. Files uploaded to a consultant do not prove office acceptance.

Evidence of genuine trademark use

Collect genuine-use evidence showing time, territory, goods/services and commercial use of the mark. Link invoices, packaging, advertising and sales records to the relevant period. An isolated screenshot without context may not establish the claimed use.

Opposition after patent grant

A Turkish post-grant patent opposition is tied to the grant publication and its statutory six-month window; EPO opposition uses a different procedure and period. Identify the jurisdiction first. Cite the challenged claims and supporting prior art rather than relying on a general complaint.

Opposing a design publication

To oppose a published design, identify the challenged design and substantiate the legal ground with dated earlier material and a visual comparison. File through the correct official procedure within its period. An undated screenshot or a general accusation of copying is insufficient.

Responding to design opposition

A response to design opposition must address the actual grounds and dated prior images. Compare the informed user’s overall impression and explain the claimed differences. Reusing a trademark confusion argument without adapting it to design criteria can miss the decisive issue.

Choosing opposition representation

Select opposition support by verifying representative registration, authority, conflicts and responsibility for the official deadline. Require a written scope and evidence plan. Court representation and administrative trademark representation should not be conflated.

Intellectual property portfolio audit

Audit the portfolio by reconciling official register status, owners, territories, classes/claims, licences and due dates. Record discrepancies and action owners. A historic spreadsheet or certificate image does not prove current legal status.

Official filing and support

This guidance concerns Turkish rights unless a section expressly names another jurisdiction. Kayra can coordinate research, document preparation and follow-up. Registration, opposition and grant decisions belong to the competent office. Verify any required representative’s registration and authority before appointing them; court proceedings require appropriately qualified legal representation. The enquiry form requests consultancy, and does not itself file an official application.