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Appeals & Counterstatemen...

Appeals & Counterstatements

Acting against negative official opposition decisions in the name of the client (incoming our outgoing oppositions) announced by the Turkish Patent and Trademark Office as well as against ex-officio rejections basing on absolute ground of refusal are classified as appeals in Turkey.

Sometimes the local PTO can announce false decisions, which can be revoked by the Higher Board of Appeals, which is the final instance of the PTO. In such cases it is often essential to use goods arguments and prove all claims.

Our office is handling those cases with high sensibility due to the reason that the final decision can be revoked only by the specialized IP courts in Ankara and Istanbul, which can take up to 2-3 years. Strongly proving arguments with evidences and the submission of prior sample decisions is very important at this stage. In order to meet the same, Orbis Vista created a comprehensive digital archive in order to filter and use prior sample decisions. Further, Orbis Vista is using international archive tools such as Darts IP, in order to handle those cases with the best possible argumentation strategy.

On the other hand there are counterstatements against incoming oppositions of national and international trademarks. This is the stage in which it can be essential to file counter arguments before an official decision of the Local PTO. This is an extra chance for applicants to avoid unnecessary negative decisions and appeal costs, once an incoming opposition will be accepted.

In summary a counterstatement is a stage before and official decision concerning an incoming opposition and the appeal stage is an act against a negative decision.

Both stages are handled only by registered trademark and patent attorneys and attorneys at law within the team.

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