Turkey jurisdiction report: Confusion on likelihood of confusion

This is why many of our clients are confused when they learn the following: earlier marks can be cited against their application during absolute grounds examination by the Turkish Patent and Trademark Office (TPTO) and that, even if the clients pass the examination successfully, the owner of those earlier marks may then successfully oppose the later application.

Naturally, the clients question that if the marks are not found confusingly similar by the TPTO in ex officio examination, then how come a previous owner can succeed in opposition proceedings by using exactly the same mark that is not found similar to their application before.