WHAT IS A TRADEMARK?
A trademark is considered one of the fundamental determinants of a company’s essence and corporate identity, reflecting its presence in the market. Used to distinguish a business’s goods or services from those of its competitors and to create a sense of trust among consumers, a trademark is not merely a commercial name but also carries a specific meaning, narrative, and identity. Trademark registration in Turkey is the process that places this element under legal protection and secures the trademark right.
A trademark represents the quality, reliability, and uniqueness of the goods or services offered to consumers. In this context, it stands out as a strategic asset reflecting a business’s values, vision, and character. Through the emotional and cognitive connections they establish with a brand, consumers develop brand loyalty and exhibit repeated purchasing behaviors.
The process of creating and managing a brand is a multifaceted activity requiring strategic planning, sustainability, and continuous improvement. A brand is not limited to visual and auditory elements such as a logo, name, or slogan, but must be supported by product/service quality, customer relations, marketing communications, and corporate practices.
In today’s highly competitive environment, a strong brand provides businesses with a sustainable competitive advantage. Brands that are effectively positioned and properly managed find the opportunity to establish a lasting place in consumers’ minds, thus differentiating themselves from competitors.
In conclusion, a trademark is an intellectual property element of significant economic and strategic value that shapes a company’s corporate values, market position, and perception among consumers. When managed correctly, a brand not only supports commercial success but also plays a decisive role in long-term growth and the building of corporate reputation.
HOW TO OBTAIN TRADEMARK RIGHTS IN TURKEY?
A trademark right in Turkey is an important intellectual property element created by a business or an individual that carries economic value. However, for this right to benefit from legal protection, the trademark registration process in Turkey must be completed. Therefore, the fundamental answer to the question “How to obtain trademark rights in Turkey?” is the registration of the trademark before the relevant official authorities.
Trademark registration is carried out by determining the classes of goods or services in which the trademark will be used and filing an application with the competent national or regional trademark office. During the application process, the applicant must provide identification details of the trademark owner, a specimen of the trademark, and a declaration of its intended use. The competent office examines the application in terms of distinctiveness, registrability, and legal compliance criteria.
Upon the completion of the trademark registration process in Turkey, the trademark owner obtains the exclusive right to use the trademark and is entitled to take legal action against any unauthorized use by third parties. Registration also increases the commercial value of the trademark, ensures the secure implementation of marketing strategies, and strengthens the brand reputation in the eyes of investors.
The protection of unregistered trademarks in Turkey is possible under the provisions of the Law on Intellectual and Artistic Works (FSEK). However, this protection is often insufficient and makes it difficult to pursue an effective legal process against infringements. In cases involving unregistered trademarks, the burden of proof is heavier, and judicial proceedings become more complex and costly.
In conclusion, the first and most critical step in answering the question “How to obtain trademark rights in Turkey?” is the official registration of the trademark. This process ensures legal protection for the trademark and grants its owner the right to use, protect, and commercially exploit it effectively. Therefore, completing trademark registration in Turkey before starting business operations is a mandatory step for both legal protection and commercial sustainability.
WHAT IS TRADEMARK REGISTRATION IN TURKEY?
Trademark registration in Turkey is the process by which a business or an individual legally protects their commercial trademark. Through the official registration of the trademark, it aims to prevent third parties from using identical or similar signs, thereby avoiding potential confusion among consumers.
For businesses, trademark registration in Turkey is of vital importance in terms of protecting trademark rights in Turkey and preventing intellectual property infringements. The trademark registration process in Turkey preserves the uniqueness of the trademark and legally prohibits unauthorized use.
Trademark registration in Turkey ensures the legal protection of the signs representing the trademark (such as a logo, symbol, word, or design). These signs cannot be used without permission by anyone other than the trademark owner. Therefore, trademark registration is an essential requirement for all commercial actors, from small-scale enterprises to international corporations, and it provides various advantages.
In summary, trademark registration in Turkey is a critical procedure for businesses to protect their trademark rights, secure their distinctiveness, and gain a competitive advantage in the market. Registered trademarks significantly contribute to building a reliable brand image and achieving long-term commercial success.
WHICH TRADEMARKS CANNOT BE REGISTERED IN TURKEY?
The fundamental requirement for a trademark to be registered in Turkey is that it must possess distinctive character. In other words, a trademark must be capable of clearly and unequivocally distinguishing the goods or services in question from those of other businesses operating in the market. However, under Law No. 6769 on Industrial Property and international trademark regulations, certain types of marks are not eligible for trademark registration in Turkey. While registration barriers are generally categorized as absolute and relative grounds for refusal, the main categories under absolute grounds are explained in detail below:
1. Descriptive Trademarks
Marks that directly describe the type, quality, quantity, purpose, value, geographical origin, or production time of the goods or services. Such descriptive terms must remain available for free use in the marketplace; otherwise, competitors’ freedom to use these words would be restricted.
Example: “Delicious Pizza” merely states that the product is delicious and lacks distinctive character.
2. Generic (Common Name) Terms
Terms that are the common or generic names of certain goods or services in everyday use. These must remain available for everyone to use, and granting exclusive rights to a single entity would restrict competition.
Example: “Satin Paint” was once a brand name but has become generic to describe a certain type of paint.
3. Deceptive or Misleading Trademarks
Marks that are likely to mislead consumers regarding the nature, quality, geographical origin, or intended purpose of the goods or services. Such marks misdirect consumers and violate fair commercial practices.
Example: “Swiss Chocolate” used for a product not originating from Switzerland would be misleading.
4. Marks Contrary to Public Order, Morality, or Law
Marks that violate generally accepted values, moral standards, or public order, including those containing insults, obscenity, fraud or calls for violence, cannot be registered. Public order and morality principles prohibit the use of such marks in commerce.
Example: Words containing insults or profanity, even if humorous, cannot be used as trademarks.
5. Official Symbols and Emblems
State coats of arms, national flags, emblems of national or international organizations (e.g., UN, Red Crescent), official seals, or similar signs cannot be registered without the permission of the competent authority.
Example: The Turkish flag, UN logo, or Turkish Armed Forces emblem.
6. Identical or Confusingly Similar to Previously Registered or Applied-for Marks
Marks that are identical or similar to trademarks already registered or applied for in Turkey, where there is a likelihood of confusion, cannot be registered in order to prevent consumers from associating one mark with another.
Example: “Cola-Cola” would be refused for its similarity to “Coca-Cola.”
7. Geographical Indications as Trademarks
Geographical indications are names that identify products as originating from a specific region. These cannot be monopolized as trademarks.
Example: (“Antep Pistachio”) cannot be registered as the exclusive trademark of a single company.
Before filing a trademark application in Turkey, it is essential to assess whether the mark:
- Has distinctive character,
- Is generic or descriptive,
- Has the potential to mislead consumers,
- Complies with public order and morality,
- Is similar to existing registered marks.
Conducting this assessment in advance prevents unnecessary costs and time losses during the Turkish trademark registration process and ensures that the trademark is registered on a solid legal basis.
WHAT ARE THE BENEFITS OF TRADEMARK REGISTRATION IN TURKEY?
The protection of trademark rights in Turkey has strategic importance from the very moment a business introduces its products or services to the market. This protection is ensured through trademark registration in Turkey under Law No. 6769 on Industrial Property. Trademark registration in Turkey not only secures existing rights but also establishes a preventive legal basis against potential future infringements.
The main benefits of trademark registration in Turkey can be listed as follows:
1. Exclusive Right of Use the Trademark in Turkey
A registered trademark in Turkey belongs solely to its owner and cannot be used without permission by others. This exclusivity ensures that the trademark remains entirely under the ownership and control of its holder, thereby protecting its unique market position.
2. Full Ownership of Trademark Rights in Turkey
Trademark registration in Turkey grants the owner full legal rights over the trademark. This entitles the owner to use, develop, modify, or sell the trademark for commercial purposes at their discretion.
3. Licensing and Transfer Opportunities
A registered trademark in Turkey can be licensed to other businesses through licensing agreements or transferred to another person or entity through legal assignments. This transforms the trademark into an economic asset and creates additional income sources.
4. Commercial Reputation and Credibility
A registered trademark in Turkey builds trust and a perception of quality among customers. Registration enhances the business’s prestige and strengthens consumer loyalty. Especially in international markets, the use of a registered trademark provides a competitive advantage.
5. Domain Name Rights
Trademark registration allows the owner to obtain prestigious domain extensions such as “.com.tr”, which are available only to registered trademark holders. This strengthens the trademark’s presence in the digital environment and protects its image online.
6. Prevention of Counterfeiting and Infringements
Trademark registration in Turkey prevents copying, imitation, or consumer confusion through similar marks. This safeguards the distinctiveness of the trademark and preserves the trust relationship between the brand and consumers.
7. Advantage in Quality Certificates and Certifications
Certain quality certificates, tenders, and certifications are issued only to businesses with trademark registration or give priority to such businesses. This means trademark registration provides not only legal protection but also commercial opportunities.
In Turkey, trademark registration is one of the cornerstones of a business’s long-term brand strategy. It strengthens the legal security, commercial value, and market position of the trademark. Therefore, when creating a brand or starting business operations, the trademark registration process in Turkey should be considered a strategic priority.
HOW IS TRADEMARK RIGHTS PROTECTED IN TURKEY?
Law No. 6769 on Industrial Property contains comprehensive provisions to ensure the protection of trademark rights in Turkey. Trademark protection in Turkey begins once the trademark is found to comply with the relevant legislation by the Turkish Patent and Trademark Office and is registered in the Turkish trademark registry. From the date of the trademark application, the owner begins to exercise their trademark rights and is entitled to seek legal remedies in the event of any potential infringement.
A registered trademark owner in Turkey has the exclusive right to use the trademark in the goods or services class for which it is registered. This prevents unauthorized use by competitors and provides the owner with a significant competitive advantage in the market. The law explicitly defines acts considered trademark infringement in Turkey. Unauthorized use, imitation, or commercial use of a similar mark without the owner’s consent constitutes a violation of trademark rights in Turkey. In such cases, the trademark owner may apply to the court in Turkey to request infringement determination, cessation of use, and compensation for material and moral damages.
To effectively benefit from trademark rights in Turkey, the mark must be registered in the Turkish trademark registry. Unregistered trademarks do not benefit from protection under the Industrial Property Law. In such cases, unfair competition provisions under Turkish Commercial Law apply. While these provisions aim to protect fair business practices, legal protection for unregistered trademarks remains limited, and the burden of proof largely falls on the trademark owner.
Registered trademarks in Turkey are protected for ten years from the registration date, and this period can be extended through renewal applications. Therefore, to ensure effective and comprehensive protection of trademark rights in Turkey, it is crucial to:
- Officially register the trademark,
- Promptly pursue legal action in case of infringement, and
- Regularly renew the protection period.
These steps guarantee that the trademark remains legally secured, commercially effective, and continuously protected in the Turkish market.
HOW TO REGISTER A TRADEMARK IN TURKEY?
Trademark registration in Turkey is a systematic process conducted in accordance with the relevant legislation and procedural rules. This process is essential for the trademark owner to obtain legal protection and to effectively enforce trademark rights in Turkey. For accurate and effective trademark registration, the following stages should be followed:
1. Trademark Analysis and Preliminary Research
The first and most critical step in the trademark registration process in Turkey is conducting a thorough trademark analysis. At this stage, it is carefully examined whether the intended trademark has been previously registered. Existing trademark records are reviewed to ensure the selection of a unique and distinctive trademark. Additionally, evaluating the alignment of the trademark with the represented products or services and its connection with the target audience is crucial for the success of the brand strategy. This stage plays a key role in preventing potential legal disputes in the future.
2. Trademark Application Process in Turkey
After completing the trademark analysis, the applicant submits an official application to the Turkish Patent and Trademark Office (TÜRKPATENT). Today, this application can be completed quickly and securely online. TÜRKPATENT examines the application in detail in terms of legal compliance and registrability criteria. If the application meets the requirements, the trademark request is published in the official bulletin. This publication ensures transparency and allows third parties to submit opinions or objections.
3. Trademark Opposition Process in Turkey
After publication in the official bulletin, it is monitored whether any third parties submit objections within the specified period. These objections constitute direct barriers to the trademark rights and affect the registration process. If no objections are filed or any objections are rejected, the trademark registration process in Turkey is typically completed within approximately two months.
4. Payment of Registration Fee and Issuance of Certificate
Once the registration decision is made in Turkey, the applicant must pay the registration fee through the relevant banks or payment channels. Upon completion of the payment, the trademark owner receives the official registration certificate, and the trademark is legally protected. In certain cases, additional fees may apply, so it is advisable to obtain detailed information on the fee structure prior to application.
During the trademark registration process in Turkey, the features, type, and scope of protection of the trademark are considered, and TÜRKPATENT makes the final registration decision. Engaging a specialist trademark attorney in Turkey ensures that the application process is conducted completely and in compliance with regulations and provides a more effective defense against potential objections or disputes.
The answer to “How to register a trademark in Turkey?” involves a comprehensive trademark search, official application, evaluation of objections, and payment of the registration fee. Effectively managing these legal and administrative procedures provides the trademark owner with protection of their rights and enhances the commercial value of the trademark.
Trademark Registration Costs in Turkey for 2025
| CODE | DESCRIPTION | 2025 FEES (TRY) |
|---|---|---|
| 02.01.01 | Single-Class Trademark Application Fee | 2,350 |
| 02.01.02 | Additional Class Fee for Trademark Application (2nd class) | 2,350 |
| 02.01.03 | Trademark Registration Fee | 5,790 |
| 02.01.04 | Fee for Issuing Trademark Registration Certificate Copy | 2,400 |
| 02.01.05 | Fee for Issuing Trademark Registry Extract | 2,400 |
| 02.01.06 | Transfer / Partial Transfer Registration Fee | 4,940 |
| 02.01.07 | Fee for Structural Changes (Merger, Division, Capital Contribution, etc.) | 3,480 |
| 02.01.08 | Registration Fee for Transfer by Inheritance | 4,550 |
| 02.01.09 | License Registration and Renewal Fee | 8,200 |
| 02.01.10 | Pledge Registration Fee | 4,980 |
| 02.01.14 | Priority Right Registration Fee | 2,860 |
| 02.01.15 | Classification List Arrangement Fee | 990 |
| 02.01.16 | Priority Right Certificate Issuance Fee | 1,580 |
| 02.01.17 | Opposition Fee for Applications Published in Official Trademark Bulletin | 920 |
| 02.01.18 | Fee for Official Letter on Trademark Information | 230 |
| 02.01.19 | Fee for Notification of International Trademark Application to WIPO (Madrid Protocol) | 3,170 |
| 02.01.20 | Fee for Subsequent Designation and Other Requests to WIPO (Madrid Protocol) | 1,300 |
| 02.01.21 | Fee for Change of Holder / Conversion (Madrid Protocol) | 1,300 |
| 02.01.22 | Trademark Application Division Fee | 3,340 |
| 02.01.23 | Trademark Renewal Fee (up to 2 classes) | 7,210 |
| 02.01.24 | Renewal Fee for Expired Trademark (up to 2 classes) | 12,620 |
| 02.01.27 | Well-Known Status Determination Examination Fee | 28,150 |
| 02.01.28 | Additional Class Fee for Trademark Application (3rd and subsequent classes, excluding row 02.01.34) | 2,610 |
| 02.01.30 | Trademark Cancellation Fee | 28,150 |
| 02.01.31 | Deposit for Trademark Cancellation Request | 23,458.33 |
| 02.01.32 | Renewal Fee for Each Additional Class (3rd and subsequent classes) | 600 |
| 02.01.33 | Renewal Fee for Expired Trademark for Each Additional Class (3rd and subsequent classes) | 1,050 |
| 02.01.34 | Additional Class Fee for Trademark Application (for 3rd and subsequent classes under 34 goods classes of Group 35/5) | 360 |
CAN TRADEMARK REGISTRATION REFUSAL BE APPEALED IN TURKEY?
Trademark applications in Turkey are carefully examined by the Turkish Patent and Trademark Office (TurkPatent) in terms of both formal requirements and absolute grounds for refusal. Absolute grounds for refusal consist of objective and fundamental issues that prevent registration, and these are automatically evaluated by the Office. If TurkPatent determines the existence of any absolute ground for refusal, it has the authority to refuse the trademark application in Turkey.
However, the trademark applicant has the right to appeal against TurkPatent’s refusal decision. This appeal is crucial for the legal re-evaluation of the application and for allowing the trademark owner to present their defense.
Another reason for refusal may be that the application does not comply with the legal requirements set forth in Law No. 6769 on Industrial Property. The law clearly regulates both absolute and relative grounds for refusal. Absolute grounds are directly and automatically considered by TurkPatent, whereas relative grounds are not examined ex officio by the Office.
Relative grounds for refusal usually arise from the objections of third parties. Once the application is published in the official bulletin, third parties are granted a two-month period to file an opposition based on relative grounds. During the opposition process, the views of the parties are considered, and the trademark registration decision can be re-evaluated.
In summary, both the applicant and third parties have limited-time rights to appeal a trademark refusal in Turkey. These appeal processes are essential for maintaining a legal balance in trademark registration and ensuring fair evaluation of all applications.
Absolute grounds for trademark registration refusal in Turkey
Article 5- (1) The following signs shall not be registered as trademarks:
a) Signs that cannot be trademarks under Article 4.
b) Signs lacking any distinctive character.
c) Signs or designations that exclusively or primarily consist of terms or indications indicating the kind, quality, quantity, purpose, value, geographical origin of goods or services, or indicating the time of production of goods or provision of services, or other characteristics of goods or services used in trade.
d) Signs or designations that exclusively or primarily consist of signs or indications that are customary in the trade or commonly used to distinguish certain professions, arts, or trades.
e) Signs that exclusively consist of the shape or another characteristic that results from the nature of the goods themselves or is necessary to obtain a technical result or that gives substantial value to the goods.
f) Signs that are likely to mislead the public regarding the nature, quality, or geographical origin of the goods or services.
g) Signs that are to be refused under Article 6 ter of the Paris Convention.
ğ) Signs that do not fall within the scope of Article 6 ter of the Paris Convention but include other signs that are of public interest, historically and culturally significant, and have not been granted registration permission by competent authorities, such as coats of arms, insignia, or designations.
h) Signs containing religious values or symbols.
ı) Signs contrary to public order or morality.
i) Signs consisting of or containing registered geographical indications.
(2) If a trademark has been used before the application date and has acquired distinctive character due to such use in relation to the goods or services covered by the application, the registration of this trademark shall not be refused under paragraphs (b), (c), and (d) of the first paragraph.
(3) A trademark application shall not be refused under paragraph (c) of the first paragraph if a notarized document showing the explicit consent of the previous trademark owner to the registration of the application is submitted to the Institution. The procedures and principles regarding the consent letter shall be determined by regulation.
Relative grounds for trademark registration refusal in Turkey
ARTICLE 6- (1) If there is a likelihood of confusion, including the possibility of association with a registered or previously applied-for trademark due to identity or similarity between the trademark applied for registration and a registered or previously applied-for trademark, as well as identity or similarity between the goods or services covered, the application shall be refused upon objection.
(2) If a commercial representative or agent applies for registration of the same or indistinguishably similar trademark without the consent of the trademark owner and without a justifiable reason, the application shall be refused upon objection by the trademark owner.
(3) If rights have been acquired for an unregistered trademark or another sign used in trade before the application date or, if any, the priority date, the application shall be refused upon objection by the owner of that sign.
(4) Applications for trademarks that are identical or similar to well-known trademarks within the scope of Article 6 bis of the Paris Convention for the same or similar goods or services shall be refused upon objection.
(5) If the application for the same or similar trademark, regardless of whether it is for identical, similar, or different goods or services, is likely to result in unfair benefit, damage to the reputation of the trademark, or impairment of its distinctive character due to the well-known status it has reached in Turkey, the application shall be refused upon objection by the owner of the earlier dated trademark, except in cases of legitimate reasons.
(6) If the trademark application includes another person’s name, trade name, photograph, copyright, or any other intellectual property right, the application shall be refused upon objection by the rights holder.
(7) Applications for trademarks that are identical or similar to a collective trademark or a certification mark, and cover the same or similar goods or services, made within three years from the expiry of the protection period due to non-renewal of the collective mark or certification mark, shall be refused upon objection by the previous rights holder.
(8) Applications for trademarks that are identical or similar to a registered trademark, and cover the same or similar goods or services, made within two years from the expiry of the protection period due to non-renewal of the registered trademark, shall be refused upon objection by the previous trademark owner, provided that the trademark has been used within this two-year period.
(9) Trademark applications made in bad faith shall be refused upon objection.
PROCESS OF TRADEMARK REGISTRATION REFUSAL APPEAL IN TURKEY
When a trademark application is refused in Turkey, the legal rights to appeal and file lawsuits granted to applicants ensure fair and effective oversight of the decisions made by the Turkish Patent and Trademark Office (TurkPatent). These procedures are crucial for protecting trademark rights in Turkey and providing legal certainty. Article 20 of Law No. 6769 on Industrial Property clearly regulates how appeals against refusals are made, which authorities are competent, and the procedures that applicants must follow.
Below is a detailed overview of the stages and procedures of appealing a trademark registration refusal in Turkey:
1. Appeal Period for Trademark Registration Refusal Appeal in Turkey
An appeal against a trademark registration refusal must be submitted within 2 months from the date the refusal decision is notified to the applicant. The appeal petition must include the grounds for appeal and any supporting evidence, and be submitted to TurkPatent. The appeal can be filed through a registered trademark attorney in Turkey, but submission of a power of attorney is not mandatory.
2. Competent Authority For Trademark Registration Refusal Appeal in Turkey
If a trademark application is refused, the applicant has the right to appeal the refusal decision in Turkey to the Re-Examination and Evaluation Board of TurkPatent. This Board directly evaluates objections related to industrial property rights and traditional product names under the authority of the Office President.
3. Authority of the Board to Trademark Registration Refusal Appeal in Turkey
The Re-Examination and Evaluation Board reviews and decides on appeals concerning trademarks, patents, utility models, designs, geographical indications, and traditional product names in Turkey. The decisions of the Board are considered final within TurkPatent, and no further appeal can be submitted to the Office regarding the same decision.
4. Right to Initiate Court Action for Trademark Registration Refusal Appeal in Turkey
If an applicant disagrees with the Board’s final decision, they can file a lawsuit at the Ankara Intellectual and Industrial Property Rights Court within 2 months from the notification date of the decision. This court is specialized and competent in matters of intellectual and industrial property rights. Decisions of this court can be appealed to a higher court (appellate court) according to general procedural rules.
WHAT IS INTERNATIONAL TRADEMARK REGISTRATION?
Trademark registration provides legal protection within the borders of the country where it is registered. For example, a European Union trademark (EU trademark) is valid only in European Union member countries. Since Turkey is not an EU member, having an EU trademark does not mean that this trademark is protected in Turkey.
Generally, trademark owners, when they want their trademarks to be protected in different countries as well, must apply separately for each country. However, thanks to the Madrid System, this process has become significantly easier. The international trademark registration system, regulated by the Madrid Agreement and the Madrid Protocol, allows a trademark to be protected in multiple countries with a single application. These applications are made with the World Intellectual Property Organization (WIPO), where the international trademark registry is maintained and managed.
To make an application for international trademark registration, it is mandatory to have a valid trademark application or a registered trademark in the national trademark office of the country where the application will be made. Turkey has joined the Madrid System as a party to the Madrid Protocol since January 1, 1999. Thus, trademark owners can request trademark registration in all countries that are parties to the Madrid System with a single application made from Turkey.
There are several options for international trademark protection:
- International Registration (Madrid System): International registration applications made through WIPO offer the possibility to protect a trademark in multiple countries with a single application. This method saves time and costs.
- National Commercial Trademark Applications: Those who want to provide protection in countries not covered by the Madrid System must apply separately to the national trademark offices of the relevant countries. This method may take longer and be more costly.
- Regional Commercial Trademark Applications: In some regions (for example, the European Union or the African Intellectual Property Organization), a regional registration system exists, and trademark protection can be provided in all countries within the region with a single application.
Each country has its own legal regulations and procedures regarding international trademark registration and protection. Therefore, it is of great importance to act in accordance with the legislation of the relevant country and region during the international trademark registration process.
INTERNATIONAL TRADEMARK REGISTRATION PROCESS UNDER THE MADRID SYSTEM
The Madrid System provides trademark owners with an effective and practical method for international trademark registration, allowing their trademarks to be protected worldwide.
The international trademark registration process under the Madrid System consists of the following stages:
1- Requirements for Eligibility under the Madrid Protocol
The trademark owner must have citizenship, residence, or a commercial establishment in a country that is a party to the Madrid Protocol. Since Turkey is a party to the Madrid Protocol, international applications can be made for trademarks registered in the Turkish trademark registry or for which an application has been filed with the Turkish Patent and Trademark Office (TÜRKPATENT).
2- Application Process under the Madrid Protocol
Trademark owners submit an application for international registration to TÜRKPATENT, clearly specifying the countries where international protection is sought. TÜRKPATENT reviews the application formally and evaluates its compliance with procedural requirements.
3- Payment of Fees
Fees must be paid both to TÜRKPATENT and to the World Intellectual Property Organization (WIPO). The amounts vary depending on the number of classes covered by the application and the number of countries in which protection is requested.
4- Formal Examination and Transmission to WIPO
Once TÜRKPATENT confirms the formal compliance of the application, the file is forwarded to WIPO. WIPO conducts a formal examination and, if there are no deficiencies or errors, registers the application in the International Trademark Register. After registration, the trademark is published in WIPO’s official gazette, the WIPO Gazette.
5- Notification of Protection and Examination Process
WIPO notifies the national trademark offices of the designated countries about the international trademark application. Each contracting country examines the application according to its own legislation and decides to register or refuse the mark. It should be noted that national examinations may have different assessment criteria in each country.
6- Commencement of International Trademark Protection
After notification, the trademark is protected in the designated countries if it meets the registration requirements. Through the Madrid System, the trademark owner obtains trademark rights in multiple countries with a single application.
In conclusion, the Madrid System allows trademark owners to carry out international trademark registration faster, more cost-effectively, and more practically. This system facilitates the protection of trademarks in international trade and ensures that the value of trademarks is secured at a global level.
WHAT IS TRADEMARK INFRINGEMENT IN TURKEY?
Trademark infringement in Turkey refers to the unauthorized use, imitation, or limitation of the intellectual property rights held by a trademark owner over their registered or unregistered mark. Trademark infringement in Turkey encompasses unlawful acts that damage the distinctive character of the mark and reduce its commercial value. Such infringements may occur directly or indirectly.
The main instances of trademark infringement in Turkey are as follows:
- Unauthorized Use of the Trademark in Turkey: The use by a third party of the same or confusingly similar mark as the one previously registered or used in practice by the trademark owner, on relevant goods or services, without permission. This situation misleads consumers and causes economic harm to the trademark owner.
- Imitation of the Trademark in Turkey: This occurs when the legally protected features of a registered trademark are copied or imitated. Imitation products damage the brand image of the trademark owner and create unfair competition.
- Use of the Imitated Trademark on Products or Services in Turkey: Marketing, selling, or using products bearing the imitated mark in commercial activities constitutes trademark infringement in Turkey. This undermines consumer trust and negatively affects the market share of the trademark owner.
- Exceeding or Unauthorized Use of License Rights: Any extension, transfer, or unauthorized use by third parties of trademark usage rights granted under a license agreement, beyond the terms of the contract, is considered trademark infringement in Turkey. Violating the license agreement damages the integrity of the trademark.
- Misleading or Deceptive Use of the Trademark in Turkey: Using similar or related marks on goods or services without the trademark owner’s consent can mislead consumers and constitutes trademark infringement in Turkey.
In conclusion, trademark infringement in Turkey arises from the unlawful use of a protected mark and causes both material and moral damages to the trademark owner. Therefore, timely and effective legal action is crucial to protect trademark rights in case of infringement.
WHAT SHOULD BE DONE IN CASE OF TRADEMARK INFRINGEMENT IN TURKEY?
In Turkey, in the event of trademark infringement, the trademark owner is provided with various legal remedies to protect their intellectual property rights. This process is mostly conducted through courts, and trademark infringement can entail both civil and criminal sanctions. Below are the lawsuits that can be filed in case of trademark infringement in Turkey and detailed information about these processes:
1. Precautionary Measures and Seizure Lawsuit in Case of Trademark Infringement in Turkey
When a trademark infringement is detected in Turkey, the trademark owner may request a precautionary measure or seizure order from the court to prevent the continuation of the infringement. These measures:
- Ensure the immediate cessation of the infringement,
- Provide security for the assets involved in or seized due to the infringement.
These measures offer the trademark owner rapid protection and prevent the spread of the infringement.
2. Compensation Lawsuit for Trademark Infringement in Turkey
This lawsuit is filed to remedy damages arising from trademark infringement in Turkey. Within this scope:
- Material damages (loss of income, market share loss, etc.),
- Moral damages (loss of reputation, damage to brand value, etc.)
can be claimed. The trademark owner may document the financial and prestige losses incurred due to the infringement and claim compensation.
3. Lawsuit for Determination of Trademark Infringement in Turkey
This is a lawsuit filed by the trademark owner to legally establish that their trademark rights have been infringed. This lawsuit:
- Serves to legally prove the existence of the infringement,
- Prevents similar infringements in the future,
- Provides an official legal document for the protection of the infringed trademark.
4. Request for Seizure of Assets
A lawsuit can be filed to seize the assets belonging to the trademark owner in possession of the infringer, either to compensate for the damages caused by the infringement or to protect the assets. This lawsuit is important to ensure that the infringer fulfills their legal and financial responsibilities.
5. Criminal Liability in Case of Trademark Infringement in Turkey
In Turkey, various criminal sanctions are applied in the event of trademark infringement, generally determined through the criminal investigation process initiated by the Turkish Patent and Trademark Office. According to the relevant provisions of Industrial Property Law No. 6769, the criminal sanctions foreseen for trademark infringement in Turkey are as follows:
- Imprisonment: Individuals who violate trademark rights (e.g., unauthorized production, sale, import of goods) may face imprisonment for a certain period. The duration and type of imprisonment depend on the nature and severity of the infringement.
- Judicial Fines: In addition to imprisonment, the court may impose a monetary fine based on the scope and extent of the infringement, aimed at penalizing the act of infringement.
- Preventive Measures: If the infringement is committed by a legal entity established in Turkey, preventive measures can be applied to the infringing entity. These measures may include stopping unauthorized use of the trademark or restricting certain commercial activities.
The criminal sanctions for trademark infringement in Turkey are determined by considering factors such as the nature, continuity, and impact of the infringement. However, the primary purpose of these sanctions is to effectively protect trademark rights and ensure the legal security of the trademark owner.
WHAT TRADEMARK LAWSUITS CAN BE FILED IN CASE OF TRADEMARK INFRINGEMENT IN TURKEY?
Trademark infringement in Turkey occurs when a trademark is used or imitated without the consent of the owner in a manner that constitutes a violation of rights. Such actions damage the commercial reputation of the owner in the area where the trademark is registered and lead to unfair competition.
Acts of trademark infringement in Turkey generally arise in the following ways:
- unauthorized use of the trademark name,
- use of similar or confusingly similar marks,
- production and marketing of counterfeit goods,
- use exceeding the limits of a license granted by the trademark owner.
In these situations, there are various types of lawsuits under Turkish law that the trademark owner can pursue to protect their rights.
1. Lawsuit for Determination of Trademark Infringement in Turkey
This lawsuit is filed to officially determine before the court whether a trademark has been infringed or violated in Turkey. The trademark owner or licensee may pursue this action when their trademark rights have been violated or are at risk, in order to eliminate legal uncertainty. The determination lawsuit establishes the existence of the infringement legally but does not contain a direct enforcement or cessation request; therefore, it is not executive in nature. This lawsuit is generally pursued together with other enforcement lawsuits (prevention, cessation, compensation).
2. Lawsuit for Prevention of Potential Trademark Infringement in Turkey
This type of lawsuit is filed to prevent acts of infringement that have not yet occurred but are likely to occur. In situations where an infringing act is in preparation or about to occur, it provides quick and effective legal intervention to prevent harm to the trademark owner. For example, it can be filed if materials necessary for unauthorized trademark use are procured or production activities have begun. This lawsuit is proactive and preventive, allowing the trademark owner to minimize potential damages.
3. Lawsuit for Cessation of Trademark Infringement in Turkey
This lawsuit is filed to stop an ongoing trademark infringement in Turkey. While the infringement continues, the trademark owner can request the court to terminate the infringement, halt unauthorized activities, or take similar measures. For this lawsuit, it is not necessary to prove the infringer’s fault or actual harm to the trademark owner; however, if fault is established, the owner can also claim compensation. The cessation of infringement in Turkey ensures effective protection of the trademark and prevents further spreading of the violation.
4. Lawsuits for Removal of Trademark Infringement and Compensation
Even if the infringement has ended, the trademark owner may file a lawsuit in Turkey to eliminate continuing unlawful effects. For instance, adverse effects resulting from the marketing of unlawfully labeled products can be requested to be rectified.
Additionally, trademark infringement constitutes a tort, allowing the owner to file a compensation lawsuit for both material damages (loss of income, sales, profits) and moral damages (damage to reputation, loss of trust). Compensation aims to financially remedy the damages caused by the infringement and to restore the trademark’s reputation. The legal basis and burden of proof for these claims are evaluated under the Turkish Code of Obligations and the Industrial Property Law.
5. Criminal Liability in Case of Trademark Infringement in Turkey
In Turkey, criminal sanctions can also be applied in cases of trademark infringement. Under the relevant provisions of the Industrial Property Law, criminal sanctions such as imprisonment and judicial fines are foreseen for individuals or officials of entities that infringe trademark rights:
- Imprisonment: Applies to those involved in unauthorized use, production, or sale of the trademark, and varies depending on the severity of the infringement.
- Judicial fines: Imposed to punish the infringement and provide a financial sanction.
- Preventive measures: Can be applied to legal entities that infringe trademark rights (e.g., cessation of trademark use or restriction of certain activities).
In cases involving violations of personal data privacy, the KVKK (Data Protection Authority) can also be petitioned in Turkey. These sanctions serve as a deterrent and enable trademark owners to effectively defend their rights.
In cases of trademark infringement in Turkey, trademark owners should pursue the above-mentioned lawsuits and sanctions to protect their legal rights and preserve the value of their trademarks. For effective execution of these processes, it is highly recommended to seek support from expert trademark lawyer in Turkey.
WHAT ARE THE GROUNDS FOR TRADEMARK CANCELLATION LAWSUITS IN TURKEY?
Article 26 of the Industrial Property Law clearly regulates certain situations that may arise as a result of trademark cancellation in Turkey. The decision to cancel a trademark in Turkey is a decisive and constructive ruling that produces a nullifying effect on the trademark. The situations in which a trademark cancellation lawsuit can be filed in Turkey are as follows:
1. Cancellation of Unused Trademarks in Turkey
If a registered trademark is not used in Turkey in a substantial manner by the trademark owner or by others with their permission within five years from the registration date, without justifiable reason, it may be cancelled. Additionally, if the use of the trademark is interrupted for five consecutive years in Turkey, a decision to cancel the trademark can also be made.
2. Cancellation of Trademarks that Have Become Common Names in Turkey
A trademark may be cancelled if it has become a common name in the category of goods or services for which it was registered due to the actions of the trademark owner. Furthermore, the situation of becoming a common name in the relevant goods or service category may also result from the trademark owner’s failure to take necessary and sufficient measures. In such cases, the relevant trademark may be cancelled.
3. Cancellation of Misleading Trademarks in Turkey
A trademark may be cancelled if it misleads the public regarding certain characteristics of the goods or services for which it is registered, whether used by the trademark owner themselves or by others with their permission.
4. Cancellation of Guarantee and Collective Marks in Turkey
A guarantee mark is a sign used by many enterprises under the control of the trademark owner to guarantee the common characteristics, production methods, geographical origins, and quality of those enterprises. A collective mark is a sign used by a group of production, trade, or service enterprises. If it is determined that the use of such marks continually violates their technical specifications, the cancellation of the mark is possible.
Until January 10, 2024, trademark cancellation in Turkey could only be carried out through a court decision. After this date, the Turkish Patent and Trademark Office (TurkPatent) has been authorized to handle trademark cancellations in Turkey, and the cancellation decisions issued by TurkPatent are effective prospectively. However, in exceptional cases foreseen by the legislator, retroactive effect of a trademark cancellation decision is possible. In particular, in matters concerning public order, if a trademark becomes a sign that misleads the public, the cancellation decision resulting from a trademark cancellation lawsuit in Turkey may produce retroactive legal effects.
HOW ARE TRADEMARK RIGHTS DIVIDED DURING DIVORCE IN TURKEY?
The division of trademark rights during the divorce process in Turkey is determined based on the legal property regime between spouses and the time of acquisition of the trademark. According to the Turkish Civil Code, unless otherwise agreed, the participation in acquired property regime applies, under which the assets acquired during the marriage in Turkey are shared between the spouses during the settlement process.
Since a trademark right in Turkey is an intellectual property right that includes both material and moral elements, it can be considered as part of the marital estate for property division purposes. However, if the trademark was registered before the marriage, or obtained through inheritance or for personal use, this right is considered personal property and is excluded from division.
In the division of trademark rights in Turkey, not only the registered trademark itself but also license revenues, usage rights, and economic benefits arising from the mark are taken into account. In cases of dispute between spouses, the court examines the economic value of the trademark, its income, and its status within the marital property regime to make a decision.
Moreover, the parties may make special arrangements regarding the division of trademark rights through an amicable divorce agreement, marital contract, or prenuptial agreement in Turkey. Such agreements can include binding provisions in advance regarding who retains the trademark, how it will be used, and how revenues will be shared during the divorce proceedings in Turkey.
Particularly during the divorce process, factors such as the active commercial use of the trademark, its high value, or continuous revenue generation may be decisive in determining the method and proportion of division. Therefore, handling trademark rights during a divorce in Turkey requires a technical assessment that combines expertise in both intellectual property law and Turkish family law.
DO TRADEMARK AND PATENT RIGHTS TRANSFER TO HEIRS IN TURKEY?
The transfer of trademark and patent rights in Turkey through inheritance is possible under Turkish Inheritance Law. According to Industrial Property Law No. 6769, trademark and patent rights, like other estate assets, are tangible, transferable rights. Therefore, when the owner of a trademark or patent passes away, these rights transfer to the heirs in Turkey. The heirs inherit these rights either jointly as part of the estate or in proportion to their shares. Additionally, through a will, the trademark rights can be bequeathed to a third party by the testator. However, in order to preserve and utilize these rights, heirs must submit the necessary transfer and succession notifications to the Turkish Patent and Trademark Office.
In the inheritance of trademark and patent rights in Turkey, not only the ownership of the rights but also license agreements, usage rights, and related obligations transfer to the heirs. This provides heirs with both the opportunity for economic gain and to enhance the commercial value of the rights.
However, if the trademark or patent is not commercially utilized or the required renewal procedures are not completed, there is a risk that the rights may become invalid. Therefore, heirs should seek professional legal support in Turkey to ensure the continuity of the rights, monitor renewal periods, and maintain legal protection.
DO FOREIGNERS HAVE THE RIGHT TO FILE TRADEMARK APPLICATIONS IN TURKEY?
Under Industrial Property Law No. 6769, the Paris Convention, the World Trade Organization’s TRIPS Agreement, and the Madrid Protocol, foreign natural and legal persons not resident in Turkey are allowed to file trademark applications in Turkey. Based on the principle of reciprocity or multilateral international agreements, foreigners can either apply directly for trademark registration in Turkey or submit an international application via the Madrid Protocol, designating Turkey to request trademark protection. These regulations aim to protect intellectual property rights at the international level and secure the commercial activities of foreign investors in Turkey.
Applicants who do not reside in Turkey or do not have a residence permit in Turkey, including foreign companies’ branches in Turkey or liaison offices, must conduct the trademark registration process through authorized trademark and patent attorneys registered with the Turkish Patent and Trademark Office (TÜRKPATENT). For the application to be accepted, the trademark must be distinctive, eligible for registration, and free of legal obstacles.
Upon completion of registration, foreign applicants enjoy rights equally with domestic trademark owners, including the rights to use the trademark, transfer it, grant licenses, establish pledges, and seek legal protection against infringements. Thus, trademark registration in Turkey provides both legal security and commercial credibility for foreign natural and legal persons.
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