Trademark Law in Turkey: Registration, Opposition, Infringement Remedies, and International Brand Protection Guide

Quick Summary: Trademark protection in Türkiye is governed by the Industrial Property Law No. 6769 and enforced through the Turkish Patent and Trademark Office (TÜRKPATENT). Because Türkiye operates on a first-to-file system, unregistered brands risk being hijacked by third parties. Registering a trademark grants 10 years of exclusive protection (indefinitely renewable), enabling brand owners to block copycat applications within a 2-month opposition window, halt counterfeit goods at customs, and file trademark infringement and compensation lawsuits before specialized Intellectual Property Courts.

Whether you are launching a Turkish startup, scaling an e-commerce brand, or expanding an international business into the Turkish market, securing your brand identity is one of the most critical legal investments you can make. Many foreign businesses mistakenly assume that a trademark registered in the European Union, the United States, or their home country automatically protects them in Türkiye. In reality, trademark rights are strictly territorial—meaning anyone can register your brand name or logo in Türkiye first unless you establish statutory protection through TÜRKPATENT or the Madrid Protocol.

At Cosmos Legal Law Firm, we represent domestic enterprises, international brands, and foreign investors in conducting trademark clearance searches, filing national and Madrid Protocol trademark registrations, submitting oppositions and non-use cancellation actions, and litigating trademark infringement and counterfeit seizure cases in Türkiye.

1. Trademark Registration Process in Türkiye (Step-by-Step)

Under the Industrial Property Law No. 6769, word marks, logos, slogans, 3D shapes, colors, and sound marks capable of distinguishing goods or services can be registered through the following sequence:

1. Comprehensive Clearance Search: Before filing, legal counsel conducts a similarity search across the TÜRKPATENT Online Trademark Search Database across all relevant Nice Classification classes (Classes 1–34 for goods and Classes 35–45 for services) to identify identical or confusingly similar prior marks.
2. Application Filing: The application is submitted electronically via TÜRKPATENT EPATS, specifying the applicant's details, trademark representation, and exact list of goods/services. Foreign applicants residing outside Türkiye must appoint a registered Turkish Trademark Attorney.
3. Formal and Absolute Grounds Examination: TÜRKPATENT examines the application for formal compliance and absolute grounds for refusal (Article 5)—such as lack of distinctiveness, descriptive terms, deceptive marks, or identity/indistinguishable similarity with an earlier registered trademark in the same class.
4. Publication and the 2-Month Opposition Window: Once approved on absolute grounds, the application is published in the Official Trademark Bulletin for 2 months. During this strict 2-month period, owners of earlier trademarks or prior unregistered commercial rights may file a formal Third-Party Opposition on relative grounds (Article 6), including likelihood of confusion, bad-faith filing, or well-known trademark dilution.
5. Registration Certificate Issuance: If no opposition is filed—or if oppositions are overcome—the applicant pays the final registration fee and receives the official Trademark Registration Certificate, granting 10 years of nationwide exclusivity from the filing date (renewable every 10 years indefinitely).

2. International Trademark Protection and Priority Rights

Foreign brand owners expanding into Türkiye benefit from key international treaties ratified by Türkiye:

• Madrid Protocol International Registrations: Under the Madrid System administered by the World Intellectual Property Organization (WIPO), foreign companies holding a base application or registration in their home country can designate Türkiye in a single international application, which TÜRKPATENT examines under Turkish statutory standards.
• 6-Month Paris Convention Priority Right: Under the Paris Convention, an applicant who has filed a trademark application in a member state may file the same trademark in Türkiye within 6 months and claim the original foreign filing date as their legal priority date, defeating any intervening Turkish copycat applications.
• Protection Against Bad-Faith Filings: Under Article 6/9 of Law No. 6769, if a local distributor, business partner, or trademark squatter registers a foreign brand in Türkiye in bad faith, the legitimate foreign owner can file an opposition or an invalidation lawsuit to cancel the hijacked trademark.

3. Five-Year Use Requirement and Administrative Revocation

To prevent trademark hoarding, Turkish law imposes an active use obligation on registered trademarks:

• 5-Year Mandatory Use Rule: Under Article 9 of the Industrial Property Law No. 6769, a trademark owner must put the trademark to genuine commercial use in Türkiye within 5 years following registration (or not suspend use for an uninterrupted 5-year period).
• Administrative Non-Use Cancellation: Pursuant to the updated provisions of Law No. 6769, third parties may petition TÜRKPATENT directly (without needing a lengthy court lawsuit) to revoke a trademark for non-use if it has not been genuinely used in Türkiye during the 5-year statutory period.

4. Legal Remedies Against Trademark Infringement and Counterfeiting

When a third party uses an identical or confusingly similar brand, sells counterfeit goods, or misuses your trademark in online domain names or digital advertisements, trademark owners possess powerful civil, criminal, and border enforcement remedies:

1. Preliminary Injunctions and Raid Seizures: Brand owners can petition specialized Civil Courts for Intellectual and Industrial Property Rights (Fikri ve Sınai Haklar Hukuk Mahkemesi) for urgent preliminary injunctions (ihtiyati tedbir) to immediately halt infringing sales, freeze e-commerce listings, and seize counterfeit products and production machinery.
2. Material, Moral, and Reputational Compensation: Under Article 149 of Law No. 6769, trademark owners can claim actual financial losses, loss of profits (calculated based on the infringer’s net profits or a hypothetical license fee), moral damages, and reputational harm.
3. Criminal Prosecution for Trademark Infringement: Under Article 30 of Law No. 6769, manufacturing, selling, importing, or storing counterfeit goods bearing a registered trademark is a criminal offense punishable by 1 to 3 years of imprisonment and heavy judicial fines, initiated via a criminal complaint to the Chief Public Prosecutor’s Office.
4. Customs Seizure Applications: Trademark owners can file an annual application with the Ministry of Trade General Directorate of Customs to automatically block and seize counterfeit imports or exports at Turkish borders and ports.

Frequently Asked Questions (FAQ)

• How long does it take to register a trademark in Türkiye?
  If no third-party oppositions or formal office actions arise, a standard trademark registration before TÜRKPATENT typically takes 5 to 8 months from the filing date. However, legal protection retroactively applies from the exact date and minute of filing.
• Someone registered my foreign brand name in Türkiye before I entered the Turkish market. Can I cancel it?
  Yes. Even if your brand was not previously registered in Türkiye, you can file an Invalidation Lawsuit (Hükümsüzlük Davası) before the specialized Intellectual Property Court based on bad-faith registration (Article 6/9), prior genuine commercial use, or well-known trademark status under the Paris Convention.
• Does registering a company name at the Turkish Trade Registry automatically protect my brand as a trademark?
  No. Registering a trade name (ticaret unvanı) at the Trade Registry only records your corporate legal entity; it does not grant exclusive brand rights on products, packaging, websites, or marketing. You must separately register your brand name and logo as a trademark with TÜRKPATENT.

Conclusion and Professional Legal Support

Securing and enforcing trademark rights in Türkiye requires early first-to-file registration, proactive watch monitoring during the 2-month bulletin publication window, genuine 5-year commercial use compliance, and decisive IP court litigation against infringers. Protecting your brand early prevents costly trademark hijacking and preserves long-term commercial value.

For trademark clearance searches, national TÜRKPATENT and international Madrid Protocol registrations, filing and defending trademark oppositions, administrative non-use cancellations, customs counterfeit seizures, and Intellectual Property Court infringement lawsuits in Türkiye, contact Cosmos Legal Law Firm and follow our @cosmoslegal.global Instagram account for regular legal updates.