Trademark Registration in Turkey: Process, 2026 Fees and Trademark Infringement

Trademark registration in Turkey is the recording of a sign in the register of the Turkish Patent and Trademark Office (TÜRKPATENT) for specific goods and services, which grants the owner exclusive rights under Law No. 6769 on Industrial Property (“SMK”). The trademark registration process in Turkey is completed through a preliminary search, class selection, filing with TÜRKPATENT, examination by the Office, publication in the Official Trademark Bulletin and a two-month opposition period, followed by payment of the registration fee. A registered trademark is protected for ten years from the filing date, and this term can be extended through renewal. Once registered, the trademark owner can take civil and criminal action in Turkey against anyone who uses the mark without permission.

A trademark is an economic asset that distinguishes a business’s goods or services from those of its competitors, creates trust among consumers and reflects the company’s corporate identity. This guide explains how to register a trademark in Turkey, the 2026 trademark registration fees, which signs cannot be registered, the term of protection and renewal, appeal routes, and the trademark lawsuits that can be filed in Turkey in case of infringement.

What Is a Trademark and What Is the Legal Character of Trademark Rights in Turkey?

Under Turkish law, a trademark is any sign capable of distinguishing the goods or services of one undertaking from those of other undertakings and of being represented in the register (SMK Art. 4). A trademark is not merely a commercial name; it carries the business’s image of quality, reliability and uniqueness, its values and its corporate identity. Through the connection they build with a brand, consumers develop brand loyalty and repeated purchasing behavior.

A strong brand is not limited to a logo, name or slogan; it is a whole supported by product and service quality, customer relations and marketing communications. In a highly competitive environment such as the Turkish market, a properly positioned trademark provides a sustainable competitive advantage and plays a decisive role in long-term growth and the building of corporate reputation.

1. Which Signs Can Be Registered as Trademarks in Turkey?

Under Turkish law, words including personal names, figures, colors, letters, numbers, sounds and the shape of goods or their packaging may constitute a trademark, provided that they are distinctive and can be represented clearly and precisely in the register. The SMK abolished the former requirement of graphical representation under Decree-Law No. 556 and introduced the criterion of representation in the register. This makes it possible to register non-traditional signs such as sound marks.

• Word mark: A sign consisting only of letters and words, not tied to any particular font.
• Figurative mark (logo): An emblem, symbol or drawing consisting only of visual elements.
• Combined mark: A sign combining word and figurative elements; in practice, the most common type of application in Turkey.
• Three-dimensional, color and sound marks: The shape of goods or packaging, a single color or a sound; distinctiveness is assessed more strictly for these types.

2. What Is the Legal Character of Trademark Rights in Turkey?

In the Turkish legal system, a trademark right is an absolute industrial property right protected under Law No. 6769 on Industrial Property that grants its owner exclusive rights. Pursuant to Article 7 of the SMK, a trademark grants its owner, in relation to the goods and/or services for which it is registered, the authority to prevent others from using identical or confusingly similar signs. This authority forms the primary legal basis for preventing trademark infringements in Turkey.

Under Turkish law, the legal character of trademark rights gives rise to the following main features:

• Asset right: In Turkey, trademark rights arise upon registration and constitute a transferable, licensable and pledgeable asset right.
• Intangible asset: A trademark is among the intangible assets of a business and, due to its economic value, can be recorded as an asset in the company’s balance sheet.
• Intellectual property right: In Turkey, a trademark should be regarded not only as an element of marketing strategy but also as an intellectual property right secured by legal protection, and its registration, use and protection must be carried out diligently. Effective legal management safeguards the economic value of the trademark and is a prerequisite for a sustainable competitive advantage in the market.

3. What Is the Difference Between an Individual, Collective and Guarantee Mark in Turkey?

The SMK regulates three types of trademarks in Turkey according to ownership and purpose of use: individual marks, collective marks and guarantee marks. In the TÜRKPATENT application form, the type of mark is also indicated as one of these three options. For collective and guarantee marks, technical regulations showing the conditions of use of the mark must be attached to the application.

Under Turkish law, a guarantee mark is used not by its owner but by enterprises that meet the conditions in the technical regulations. Using a guarantee mark on the goods or services of its owner or of an enterprise economically linked to the owner is prohibited (SMK Art. 31/2). If the owner fails to prevent continuous use contrary to the technical regulations and the use is not corrected within the period granted, the mark is cancelled (SMK Art. 32/7).

4. What Is the Difference Between a Trademark and a Patent in Turkey?

Under Turkish law, a trademark protects a distinctive sign indicating the commercial origin of goods or services, while a patent protects a technical invention that is new, involves an inventive step and is industrially applicable. Trademark protection can be renewed indefinitely for ten-year periods, whereas patent protection is limited to twenty years from the filing date and cannot be extended. Although people in Turkey often speak of “getting a patent for a brand”, the procedure for a name or logo is trademark registration, not a patent.

What Is Trademark Registration in Turkey and What Are Its Benefits?

Trademark registration in Turkey is the process by which a business or an individual legally protects its trademark by recording it in the TÜRKPATENT register. Registration legally prevents third parties from using the signs representing the trademark, such as a logo, symbol, word or design, without permission and avoids potential confusion among consumers. Trademark registration is therefore a critical procedure for all commercial actors, from small-scale enterprises to international corporations, to protect trademark rights and prevent intellectual property infringements 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. Registration not only secures existing rights but also establishes a preventive legal basis against potential future infringements. The main benefits of trademark registration in Turkey are as follows:

1. Exclusive right to use: A registered trademark belongs solely to its owner and cannot be used by others without permission for the registered goods and services, which protects its unique market position in Turkey.
2. Full ownership of rights: The owner is entitled to use, develop and sell the trademark in its commercial activities at its discretion.
3. Licensing and transfer opportunities: A registered trademark can be licensed to other businesses or assigned, turning it into an economic asset and an additional source of income.
4. Commercial reputation and credibility: A registered trademark builds trust and a perception of quality among customers, adds prestige to the business and provides a competitive advantage, especially in international markets.
5. Strong basis in domain name disputes: If a .tr domain name identical or similar to the trademark is registered in bad faith, a registered trademark provides a strong basis for applying to the domain name dispute resolution process and for protecting the brand online in Turkey.
6. Prevention of counterfeiting and infringements: Registration prevents copying, imitation or consumer confusion through similar marks and preserves the trust relationship between the brand and consumers.
7. Advantage in commercial opportunities: Some tenders, dealership and franchise relationships, and quality and conformity processes in Turkey may require or favor a registered trademark.

In conclusion, trademark registration in Turkey is one of the cornerstones of a business’s long-term brand strategy and 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 treated as a strategic priority.

How to Obtain Trademark Rights in Turkey?

In Turkey, trademark rights are acquired by registering the trademark with TÜRKPATENT; the fundamental answer to the question “How to obtain trademark rights in Turkey?” is filing a registration application. In this process, also described in practice as “obtaining the rights to a brand name”, the classes of goods and services in which the trademark will be used are determined and an application is filed with the competent national or regional trademark office. The Office examines the application in terms of distinctiveness, registrability and legal compliance criteria.

Completing trademark registration in Turkey before starting business operations is a necessary step for both legal protection and commercial sustainability. Upon completion, registration provides the owner with the following:

• Exclusive right of use: Upon completion of registration, the owner obtains the exclusive right to use the trademark and is entitled to take legal action against unauthorized use in Turkey.
• Commercial value: Registration increases the commercial value of the trademark and ensures the secure implementation of marketing strategies.
• Reputation with investors: Registration strengthens the brand’s reputation in the eyes of investors.

How Are Unregistered Trademarks Protected in Turkey?

In Turkey, unregistered trademarks do not benefit from the SMK provisions on trademark infringement and mainly enjoy limited protection under the unfair competition provisions of the Turkish Commercial Code. An unregistered trademark for which rights have been acquired through prior use may also serve as a ground for opposing a later similar application under SMK Art. 6/3. If a logo is original enough to qualify as a work, it may additionally be protected under the Law on Intellectual and Artistic Works (FSEK).

However, for unregistered trademarks the burden of proof is heavier, prior use and recognition must be proven, and judicial proceedings become more complex and costly. Since the Turkish trademark system is based on the “first-to-file” principle, there is also a risk that an unregistered mark may be registered in someone else’s name.

Should a Trademark Be Registered in an Individual’s or a Company’s Name in Turkey?

In Turkey, a trademark can be registered in the name of either a natural person or a legal entity; the choice should depend on who will use the mark and the likelihood of a future assignment or partnership. Registering the mark in the name of one of the partners creates the risk that the mark will separate from the company when the partnership ends. A mark registered in an individual’s name can later be assigned to the company, but the assignment must be recorded in the TÜRKPATENT register and the fee paid. Since disagreements between company partners over who owns the mark are a commercial dispute under Turkish law, the ownership of the trademark should be clearly regulated in the partnership agreement.

Which Trademarks Cannot Be Registered in Turkey?

For a sign to be registered as a trademark in Turkey, it must have distinctive character and must not fall under any of the absolute grounds for refusal in SMK Art. 5 or the relative grounds for refusal in Art. 6. Absolute grounds are examined ex officio by TÜRKPATENT, while relative grounds are considered only upon opposition by the holder of the earlier right. The most common barriers to registration are explained below with examples.

1. Why Are Descriptive Trademarks Refused in Turkey?

Under Turkish law, signs that directly describe the type, quality, quantity, purpose, value, geographical origin or production time of the goods or services cannot be registered (SMK Art. 5/1-c). 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. Can Generic (Common Name) Terms Be Registered in Turkey?

In Turkey, terms that are the common or generic names of certain goods or services, or that are customary in trade, cannot be registered (SMK Art. 5/1-d). These terms must remain available for everyone to use, and granting exclusive rights to a single entity would restrict competition.

• Example: “Satin paint” is a generic term describing a certain type of paint and cannot be registered as a trademark on its own.

3. Deceptive or Misleading Trademarks in Turkey

Under Turkish law, signs that are likely to mislead the public regarding the nature, quality or geographical origin of the goods or services cannot be registered (SMK Art. 5/1-f). 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 or Morality in Turkey

Signs that violate generally accepted values, moral standards or public order, including those containing insults, obscenity, fraud or calls for violence, cannot be registered in Turkey (SMK Art. 5/1-ı). Signs containing religious values or symbols are also excluded from registration (SMK Art. 5/1-h).

• Example: Words containing insults or profanity cannot be registered as trademarks, even if humorous.

5. Official Symbols and Emblems

Under Turkish law, state coats of arms, flags, emblems of national and international organizations and official seals, or signs containing them, cannot be registered without the permission of the competent authority (SMK Art. 5/1-g and ğ). This protection is based on Article 6ter of the Paris Convention.

• Example: The Turkish flag, the UN logo or the Turkish Armed Forces emblem.

6. Signs Identical or Similar to Earlier Trademarks in Turkey

In Turkey, signs that are identical or indistinguishably similar to a trademark previously registered or applied for in respect of the same or same-type goods and services are refused ex officio by TÜRKPATENT (SMK Art. 5/1-ç). If the similarity does not reach this level, likelihood of confusion is assessed as a relative ground for refusal upon opposition by the earlier trademark owner (SMK Art. 6/1).

• Example: “Cola-Cola” would be refused for its similarity to “Coca-Cola”.

7. Geographical Indications as Trademarks in Turkey

In Turkey, signs consisting of or containing a registered geographical indication cannot be registered as trademarks (SMK Art. 5/1-i). Geographical indications are names of products originating from a specific region and cannot be monopolized by a single business.

• Example: “Antep Pistachio” cannot be registered as the trademark of a single company.

What Are the Exceptions to the Grounds for Refusal in Turkey?

Under Turkish law, a descriptive, non-distinctive or customary sign can be registered if it has acquired distinctive character through use before the application date (SMK Art. 5/2). Similarly, an application cannot be refused under Art. 5/1-ç if a notarized document showing the earlier owner’s explicit consent to registration is submitted to the Office (SMK Art. 5/3). These exceptions offer an important solution for applications at risk of refusal.

Before filing a trademark application in Turkey, it is essential to assess whether the mark has distinctive character, whether it is generic or descriptive, whether it may mislead consumers, whether it complies with public order and morality, and whether it is similar to existing registrations. 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.

Absolute Grounds for Trademark Registration Refusal in Turkey (SMK Art. 5)

Under Turkish law, the absolute grounds for refusal are listed in Article 5 of Law No. 6769 on Industrial Property, the text of which is as follows:

Absolute grounds for refusal in trademark registration

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.

ç) Signs that are identical or indistinguishably similar to a trademark registered or applied for at an earlier date in respect of the same or same-type goods or services.

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 (ç) 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 (SMK Art. 6)

Under Turkish law, the relative grounds for refusal are listed in Article 6 of Law No. 6769 on Industrial Property, the text of which is as follows:

Relative grounds for refusal in trademark registration

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 guarantee 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 guarantee 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.

How Are Trademark Rights Protected in Turkey?

In Turkey, protection of trademark rights begins when TÜRKPATENT finds the trademark compliant with the legislation and registers it in the Turkish trademark registry, granting the owner the exclusive right to use it for the registered goods and services. Law No. 6769 on Industrial Property explicitly defines the acts considered trademark infringement in Turkey and provides civil and criminal sanctions against them. Unauthorized use, imitation or commercial use of a similar mark without the owner’s consent constitutes a violation of trademark rights in Turkey.

Under Turkish law, trademark protection is obtained through registration, and the owner’s rights take effect against third parties from the publication of the registration (SMK Arts. 7/1 and 7/4). However, the applicant may file a compensation lawsuit for acts committed after the application was published in the Bulletin, although the court cannot decide before the registration is published. In case of infringement, the trademark owner may apply to the court in Turkey to request determination of the infringement, cessation of use and compensation for material and moral damages.

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 filing date, and this period can be extended through renewal. To ensure effective and comprehensive protection of trademark rights in Turkey, the following three steps should be taken together:

• Official registration: Registering the trademark with TÜRKPATENT in all classes of goods and services in which it will be used.
• Prompt legal action: Collecting evidence immediately once infringement is discovered and pursuing legal remedies without delay.
• Monitoring deadlines: Renewing the protection period on time and watching the Official Trademark Bulletin for similar applications.

How to Register a Trademark in Turkey?

Trademark registration in Turkey is a systematic process consisting of a trademark search, determination of the classes of goods and services, filing with TÜRKPATENT, examination by the Office, publication in the Official Trademark Bulletin and the opposition period, and payment of the registration fee. Carrying out these stages in compliance with the legislation reduces the risk of refusal or opposition. The trademark registration process in Turkey is explained step by step below.

1. How to Conduct a Trademark Search in Turkey?

A trademark search in Turkey means checking through TÜRKPATENT’s trademark search system whether an identical or similar sign has already been registered. The search can be carried out free of charge through the trademark search tool on the TÜRKPATENT website or via e-Devlet (the Turkish e-Government portal). However, this system mainly shows exact matches; phonetic, visual or conceptual similarities and same-type goods and services must be assessed separately.

In the trademark analysis carried out before filing in Turkey, existing records are reviewed to select a unique and distinctive trademark, and the mark’s alignment with the products or services it represents and its connection with the target audience are also evaluated for the brand strategy. This is the most critical step for preventing refusal due to likelihood of confusion and avoiding potential legal disputes in the future.

2. How Are Trademark Classes Selected in Turkey?

In Turkey, goods and services in a trademark application are selected from a total of 45 classes under the international Nice Classification, which Turkey applies; classes 1–34 cover goods and classes 35–45 cover services. Trademark protection is limited to the selected classes and the goods and services specified in them. Class selection should therefore take into account both the current and the near-future areas of use of the trademark.

• Risk of missing classes: Leaving out an area of actual use may allow others to register a similar mark in that area.
• Risk of unnecessary classes: Unused classes incur additional fees and may become subject to a cancellation request if not used for five years.
• Class 35: Since retail and wholesale services and advertising fall into this class, e-commerce and retail businesses in Turkey generally select class 35 alongside their product classes.

3. How to File a Trademark Application in Turkey?

A trademark application in Turkey is filed online through TÜRKPATENT’s electronic filing system EPATS or via e-Devlet. The application includes the applicant’s identity and contact details, a specimen of the mark, the type of mark, the list of goods and services and any priority claim, and the application fee is paid. The application can be filed by the applicant personally or through a trademark attorney or lawyer registered with TÜRKPATENT.

4. How Does TÜRKPATENT Examine the Application?

In Turkey, TÜRKPATENT first examines the application ex officio for formal deficiencies and then for the absolute grounds for refusal under SMK Art. 5. If there is a formal deficiency, the applicant is given time to remedy it; if an absolute ground is found, the application is refused in whole or in part. An application meeting the legal and registrability criteria is published in the Official Trademark Bulletin.

5. What Is the Opposition Period for a Trademark Application in Turkey?

An opposition against a trademark application published in the Official Trademark Bulletin in Turkey can be filed within two months from the publication date. This publication ensures transparency and allows third parties to submit their opinions and oppositions. An opposition directly affects the registration process, which is not completed until the opposition is examined.

6. How to Obtain a Trademark Registration Certificate in Turkey?

In Turkey, when the opposition period expires without opposition or the oppositions are rejected, TÜRKPATENT issues a registration decision and asks the applicant to pay the registration fee; once paid in time, the trademark is entered in the register. If the registration fee is not paid and proof of payment is not submitted to the Office in time, the application is removed from processing (SMK Art. 22/1). The registration certificate is issued electronically and can be viewed and downloaded through EPATS or e-Devlet.

During the trademark registration process in Turkey, TÜRKPATENT makes the final registration decision considering the features, type and scope of protection of the trademark. Engaging a specialist trademark attorney in Turkey ensures that the application process is conducted completely and in compliance with the regulations and provides a more effective defense against potential oppositions or disputes.

How Long Does Trademark Registration Take in Turkey?

In practice, a trademark application in Turkey without formal deficiencies or oppositions is generally registered within six to eight months from the filing date. This period is the sum of the Office’s examination, publication in the Bulletin and the two-month opposition period, and payment of the registration fee. If the application is opposed or an appeal is filed against a refusal before the Re-examination and Evaluation Department, the process may exceed one year.

What Are the Trademark Registration Costs in Turkey for 2026?

In 2026, a single-class trademark application in Turkey requires an application fee of TRY 2,820.00 and, once the application results in a registration decision, an additional trademark registration fee of TRY 7,010.00. Each additional class increases the total cost; the additional class fee is TRY 2,820.00 for the second class and TRY 3,150.00 for the third and each subsequent class. The table below shows TÜRKPATENT’s 2026 trademark fees; for applications filed through an attorney or lawyer, the service fee is determined separately.

The answer to “How to register a trademark in Turkey?” therefore involves a comprehensive trademark search, an official application, evaluation of oppositions and payment of the registration fee. Effectively managing these legal and administrative procedures provides the trademark owner with protection of its rights and enhances the commercial value of the trademark.

How Long Is a Trademark Protected in Turkey and How Is It Renewed?

Under Turkish law, a registered trademark is protected for ten years from the filing date, and this term can be renewed indefinitely for further ten-year periods (SMK Art. 23). Protection starts from the filing date, not from the date the registration certificate is issued. If the mark is not renewed, the trademark right ends at the expiry of the term and the sign may become open to others’ applications.

1. When Should a Trademark Renewal Be Filed in Turkey?

In Turkey, a renewal request is filed within the six months preceding the expiry of the protection term and the renewal fee is paid (SMK Art. 23/2). If this period is missed, renewal can still be made within the six months following the expiry date upon payment of an additional fee. Renewal may be requested for all or some of the registered goods and services.

• Ordinary renewal: Within the six months before expiry; in 2026, TRY 8,730.00 for up to two classes and TRY 750.00 for the third and each subsequent class.
• Renewal in the grace period: Within the six months after expiry; in 2026, TRY 15,420.00 for up to two classes and TRY 1,310.00 for the third and each subsequent class.
• Consequence of non-renewal: If the grace period also passes, the trademark right ends; the former owner can oppose an identical or similar application only under the conditions of SMK Art. 6/8.

The strategy for a business in Turkey that plans to keep working with a mark whose term is about to expire is also determined by these periods. If still in time, the mark should be renewed; if the grace period has also passed, a new application for the same mark should be considered and any third-party applications filed in the meantime should be searched.

What Do the ® and ™ Symbols Mean in Turkey?

The ® symbol indicates that a trademark is registered, while ™ indicates that a sign is used as a trademark but may not be registered; under Turkish law, using these symbols is an international practice rather than a legal requirement. What creates trademark protection in Turkey is registration with TÜRKPATENT, not the symbol. The following points matter for the correct use of these symbols in Turkey:

• ® symbol: Once the trademark is registered in Turkey, using ® on products, packaging and promotional materials has a deterrent effect by announcing to third parties that the mark is protected.
• ™ symbol: For marks whose application is pending, using ™ is the more accurate choice.
• Misleading use: Using ® for an unregistered mark may mislead consumers and competitors and may therefore give rise to unfair competition claims.

Can a Trademark Be Assigned or Licensed in Turkey?

Under Turkish law, a trademark application or registered trademark can be assigned independently of the business, licensed, pledged and transferred by inheritance. Unless legal transactions such as assignment and licensing are recorded in the register, rights arising from them cannot be invoked against third parties acting in good faith (SMK Art. 148/5). These transactions are subject to written form, and the validity of assignment agreements depends on notarization (SMK Art. 148/4).

• Full or partial assignment: A trademark can be assigned for all or some of the registered goods and services.
• Exclusive and non-exclusive licenses: Unless otherwise agreed, a license is non-exclusive and the licensor may grant licenses to more than one person; under an exclusive license, the licensor cannot grant other licenses and, unless it expressly reserves the right, cannot use the mark itself (SMK Art. 24/2).
• Guarantee and collective marks: The assignment of a guarantee or collective mark, and the licensing of a collective mark, are valid only once recorded in the register (SMK Art. 148/7).

The phrase “made under authority of the trademark owner” seen on product labels indicates that the product was manufactured under a license or permission granted by the trademark owner. If the licensee goes beyond the term, territory or scope of goods set out in the agreement, such use may constitute trademark infringement in Turkey.

Can a Trademark Registration Refusal Be Appealed in Turkey?

In Turkey, the applicant can appeal against TÜRKPATENT’s decision refusing a trademark application within two months from notification of the decision (SMK Art. 20). Applications are examined ex officio by the Office for both formal requirements and absolute grounds for refusal, and the application is refused if one of these grounds is found. The appeal is crucial for the legal re-evaluation of the application and for allowing the applicant to present its defense.

Turkish Law No. 6769 on Industrial Property regulates absolute and relative grounds for refusal separately. Absolute grounds are considered directly by TÜRKPATENT, whereas relative grounds are not examined ex officio and usually arise from the oppositions of third parties. Third parties are granted a two-month opposition period from publication of the application in the Official Trademark Bulletin, and during the opposition process the views of the parties are taken and the application is re-evaluated.

1. How Does the Trademark Refusal Appeal Process Work in Turkey?

In Turkey, the appeal and litigation rights granted to applicants whose trademark applications are refused ensure fair and effective oversight of TÜRKPATENT’s decisions. SMK Art. 20 regulates how appeals against refusals are made, which body is competent and the procedure to be followed. The process in Turkey consists of the following stages:

• Appeal period and procedure: The appeal is filed with TÜRKPATENT within two months from notification of the refusal to the applicant, with a reasoned petition and any supporting evidence, and the appeal fee is paid. The appeal can be filed by the applicant personally or through a trademark attorney or lawyer; the grounds of appeal cannot be changed and no new grounds can be added after the two-month period (SMK Art. 20/2).
• Competent body: Appeals free of formal deficiencies are examined by the Board within TÜRKPATENT’s Re-examination and Evaluation Department (YİDD) (SMK Art. 21/1). The Board decides on appeals concerning trademarks, patents, utility models, designs, geographical indications and traditional product names.
• Final decision of the Office: The Board’s decision on the appeal is the final decision of the Office (SMK Art. 21/4), and no further appeal can be filed with the Office against the same decision.
• Right to initiate court action: An action against the Board’s decision can be filed before the Ankara Intellectual and Industrial Property Rights Civil Court, which is the competent court for all actions against the Office’s decisions under the SMK (SMK Art. 156/2). Since the law does not set a separate time limit for this action, it should be filed without delay after notification of the decision to avoid any loss of rights.
• Appellate remedies: The court’s judgment can be appealed before the regional court of appeal and the Court of Cassation under the general rules of procedure, and becomes final once these remedies are exhausted.

In summary, both the applicant and third parties have time-limited rights to appeal or oppose in the Turkish trademark registration process. These appeal processes are essential for maintaining a legal balance in trademark registration and ensuring a fair evaluation of all applications.

2. Can the Opponent Be Required to Prove Use of Its Trademark in Turkey?

In an opposition based on an earlier trademark in Turkey, if the earlier mark had been registered for five years or more before the application or priority date, the applicant can request the opponent to prove use of the mark (SMK Art. 19/2). If the opponent cannot prove genuine use of its mark in Turkey or a justifiable reason for non-use, the opposition is rejected. This defense is an effective tool against oppositions based on marks that have not been used for a long time.

Under Turkish law, if use is proven only for some of the goods or services, the outcome is limited to that part. In a regional court of appeal judgment upheld by the Turkish Court of Cassation (Yargıtay), 11th Civil Chamber, Docket No. 2024/3018, Decision No. 2025/1415, dated 03.03.2025, genuine use of the opposing marks was proven only for certain goods, so the similarity assessment for the claim to annul the TÜRKPATENT decision was made solely on the basis of those goods. In the invalidation claim heard in the same case, however, the defendant did not raise the non-use defense, and likelihood of confusion was therefore examined for all goods and services covered by the earlier marks; for this reason, a request for proof of use should be raised separately and in time at every stage.

What Is International Trademark Registration?

In Turkey, as in other countries, trademark registration provides legal protection only within the borders of the country or region where it is registered; international trademark registration refers to applications made to protect a mark in more than one country, including Turkey. For example, a European Union trademark is valid only in EU member states. Since Turkey is not an EU member, having an EU trademark does not mean that the trademark is protected in Turkey.

Trademark owners who want protection in different countries generally have to apply separately for each country; however, the Madrid System has made this process 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, and applications are processed by the World Intellectual Property Organization (WIPO), which maintains the international register. Turkey has joined the Madrid System as a party to the Madrid Protocol since January 1, 1999.

Since each country has its own legal regulations and procedures for international trademark registration and protection, it is of great importance for trademark owners in Turkey to act in accordance with the legislation of the relevant country and region. The main options for international trademark protection are as follows:

How Does International Trademark Registration Work Under the Madrid Protocol in Turkey?

Under Turkish law, international trademark registration under the Madrid System is carried out through a single application filed with WIPO via TÜRKPATENT, based on a Turkish trademark application or registration. The system offers trademark owners a faster, more cost-effective and practical way to protect their marks worldwide. The process consists of the following stages:

1. Eligibility requirements: The trademark owner must have nationality, domicile or a real and effective commercial establishment in a country party to the Madrid Protocol. International applications can be made for marks registered in the Turkish trademark registry or applied for with TÜRKPATENT.
2. Filing the application: The owner submits the international registration request to TÜRKPATENT, clearly specifying the countries where protection is sought, and the Office reviews the application for formal compliance.
3. Payment of fees: Fees are paid both to TÜRKPATENT and to WIPO; WIPO fees vary depending on the number of classes covered and the number of designated countries.
4. Transmission to WIPO and registration: TÜRKPATENT forwards the application to WIPO, which registers it in the International Register after a formal examination and publishes it in the WIPO Gazette.
5. National examinations: WIPO notifies the international registration to the national offices of the designated countries, and each contracting party examines it under its own legislation and grants or refuses protection.
6. Commencement of protection: The mark is protected in countries where no refusal is notified or the refusal is withdrawn; through the Madrid System, the owner thus obtains trademark rights in many countries with a single application.

For five years from the date of international registration, the international registration depends on the basic Turkish application or registration. If the Turkish application is refused or the registration is invalidated within this period, the international registration ceases to the same extent; the refusal risks of the basic application in Turkey should therefore be assessed from the outset.

What Is Trademark Infringement in Turkey?

Trademark infringement in Turkey is the commercial use of an identical sign (counterfeiting) or a confusingly similar sign (likelihood of confusion) to a registered trademark without the owner’s permission. SMK Art. 29 regulates the unauthorized performance of the uses listed in Art. 7 as trademark infringement. Trademark infringement damages the distinctive character and commercial value of the mark and may occur directly or indirectly.

Unauthorized use of unregistered trademarks does not constitute trademark infringement within the meaning of the SMK; in that case, protection is based on unfair competition rules. The main instances of trademark infringement in Turkey are as follows:

• Unauthorized use of the trademark: Use of an identical, indistinguishably similar or confusingly similar sign on the same or similar goods and services without permission, which misleads consumers and causes economic harm to the owner.
• Imitation of the trademark: Copying or imitating the legally protected features of a registered trademark; imitation products damage the brand image and create unfair competition.
• Trading in counterfeit goods: Placing on the market, selling, importing, exporting or holding for commercial purposes goods bearing an imitated mark, which undermines consumer trust and the owner’s market share.
• Exceeding license rights: Extending, transferring or allowing third parties to use license rights beyond the terms of the contract is also considered trademark infringement in Turkey.
• Online and domain name use: Unauthorized use of a registered trademark as a domain name, routing code, keyword or social media account in a way that creates a commercial effect may also constitute infringement (SMK Art. 7/3-d).
• Misleading use: Using similar or related marks on goods or services without the owner’s consent can mislead consumers and constitutes trademark infringement.

What Is the Difference Between Counterfeiting and Likelihood of Confusion in Turkey?

Under Turkish law, counterfeiting (iktibas) means using an exact copy of a registered trademark, while likelihood of confusion (iltibas) means using a sign so similar to the trademark that consumers may confuse the two. Likelihood of confusion is determined by assessing together the visual, phonetic and conceptual similarity of the signs, the similarity of the goods and services and the perception of the target consumers. In both cases trademark infringement occurs, and the owner can pursue both civil and criminal remedies.

In Turkey, the overall impression a sign leaves on consumers, rather than its individual details, is decisive in assessing likelihood of confusion. In its decision Docket No. 2022/61, Decision No. 2023/859, dated 27.09.2023, the Turkish Court of Cassation (Yargıtay) Assembly of Civil Chambers held that, in addition to visual, phonetic and conceptual similarity, the impression the signs create as a whole in the eyes of the public must be taken as the basis, and that likelihood of confusion exists if the general impression (umumi intiba) suggests the marks may be confused, even where they differ on many points. The Assembly also emphasized that the relevant public is the average consumer who is not an expert but is the direct addressee of the goods or services, and that the mere fact that the compared goods or services fall in different classes does not by itself rule out similarity. Although the decision was rendered under Art. 8/1-b of Decree-Law No. 556, which preceded the SMK, it also provides guidance for the application of SMK Art. 6/1, which contains a similar rule.

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 case of trademark infringement in Turkey, the owner should first secure evidence of the infringement and then pursue the appropriate remedies among preliminary injunctions, civil actions and criminal complaints. This process is mostly conducted through intellectual and industrial property courts, and trademark infringement can entail both civil and criminal sanctions. The answer to the question “What should I do if someone is using my trademark?” lies in the steps below.

1. Securing Evidence and Sending a Warning Letter

In Turkey, infringing products, web pages, invoices and screenshots should be recorded, where necessary, through a court determination of evidence or a notarial determination. Sending a warning letter to the infringer through a notary public may stop the use and helps to prove the infringer’s bad faith in later proceedings.

2. Preliminary Injunction in Case of Trademark Infringement in Turkey

Under Turkish law, the trademark owner may request a preliminary injunction from the court before or during the lawsuit to prevent the continuation of the infringement (SMK Art. 159). The injunction may order the cessation of infringing acts, the seizure of counterfeit goods and, where necessary, the provision of security.

• Immediate cessation of the infringement: The injunction prevents the spread of the infringement until the case is decided.
• Seizure of goods and means: Infringing goods and the means used to produce them are secured, providing a guarantee for the protection of the right.

3. Customs Seizure in Turkey

In Turkey, where counterfeit goods are imported or exported, the trademark owner may apply to the customs administration to have the customs procedures for suspected goods suspended or the goods detained (Customs Law No. 4458, Art. 57/1). If a preliminary injunction is not obtained from the court within three working days for perishable goods or ten working days for other goods from notification of the suspension or detention decision, the goods are processed under the ordinary customs procedure (Customs Law, Art. 57/3).

4. Compensation Lawsuit for Trademark Infringement in Turkey

A compensation lawsuit can be filed to remedy damages arising from trademark infringement in Turkey. The owner may document material damages (loss of income, loss of market share) and moral damages (loss of reputation, damage to brand value) and claim compensation. Since actions arising from trademark rights stem from intellectual property legislation, they are commercial cases (Turkish Commercial Code Art. 4/1-d), so for compensation claims for a sum of money, applying to a mediator before filing the lawsuit is a mandatory pre-condition (Turkish Commercial Code Art. 5/A).

5. What Is the Criminal Liability for Trademark Infringement in Turkey?

Under Turkish law (SMK Art. 30), anyone who infringes another’s trademark rights by counterfeiting or likelihood of confusion and produces, offers for sale, sells, imports, exports, purchases for commercial purposes, holds or stores goods is punished with imprisonment from one to three years and a judicial fine of up to twenty thousand days. The investigation and prosecution of these offences are subject to a complaint (SMK Art. 30/6); the investigation starts upon the trademark owner’s complaint to the Chief Public Prosecutor’s Office, and a penalty can be imposed only if the trademark is registered in Turkey (SMK Art. 30/5). The penalty is determined by the court considering factors such as the nature, continuity and impact of the infringement.

• Imprisonment: Acts such as unauthorized production, sale of counterfeit products, import or holding of goods for commercial purposes are punishable by imprisonment from one to three years.
• Judicial fines: In addition to imprisonment, a judicial fine of up to twenty thousand days is imposed depending on the scope of the infringement.
• Security measures for legal entities: If the offence is committed within the activities of a legal entity established in Turkey, security measures specific to legal entities are also ordered against it (SMK Art. 30/4).

The primary purpose of the criminal sanctions for trademark infringement in Turkey is to effectively protect trademark rights and ensure the legal security of the trademark owner. Criminal proceedings can be conducted independently of civil actions in Turkey, and the owner can use both routes together.

What Trademark Lawsuits Can Be Filed in Case of Trademark Infringement in Turkey?

In case of trademark infringement in Turkey, the owner can file actions for determination of infringement, prevention of potential infringement, cessation of infringement, removal of its effects, and material and moral compensation (SMK Art. 149). Trademark infringement is the use or imitation of a mark without the owner’s consent in a manner that violates its rights, damaging the owner’s commercial reputation and leading to unfair competition. Such acts generally take the form of unauthorized use of the trademark name, use of confusingly similar marks, production and marketing of counterfeit goods, or use exceeding the limits of a license.

1. Lawsuit for Determination of Trademark Infringement in Turkey

A determination lawsuit is filed in Turkey to have the court establish whether a trademark has been infringed. The trademark owner, or a licensee entitled to sue, may pursue this action to eliminate legal uncertainty. Since it does not contain a direct enforcement or cessation request, it is not executive in nature and is generally pursued together with other enforcement lawsuits in Turkey (prevention, cessation, compensation).

2. Lawsuit for Prevention of Potential Trademark Infringement in Turkey

A prevention lawsuit is filed in Turkey to stop acts of infringement that have not yet occurred but are likely to occur. It can be filed where an infringing act is in preparation or about to occur, for example when materials necessary for unauthorized use are procured or production has begun. This lawsuit is a proactive form of protection that allows the owner to minimize potential damages.

3. Lawsuit for Cessation of Trademark Infringement in Turkey

A cessation lawsuit is filed in Turkey to stop an ongoing trademark infringement. For this action, it is not necessary to prove the infringer’s fault or actual harm to the owner; if fault is also established, the owner can additionally claim compensation. The cessation of infringement ensures effective protection of the trademark and prevents further spreading of the violation.

4. Lawsuits for Removal of Trademark Infringement and Compensation in Turkey

Even if the infringement has ended, the trademark owner may file a lawsuit in Turkey to eliminate continuing unlawful effects. For instance, it may request rectification of the effects of marketing unlawfully labeled products, seizure of the goods and production means, alteration of their form or their destruction, and publication of the final judgment.

Since trademark infringement constitutes a tort, the owner may also file a compensation lawsuit for material damages (loss of income, sales and profits) and moral damages (damage to reputation, loss of trust). The legal basis and burden of proof for these claims are evaluated under the Turkish Code of Obligations and the Industrial Property Law.

How Is Compensation Calculated for Trademark Infringement in Turkey?

Under Turkish law, lost profit is calculated, at the trademark owner’s choice, by one of three methods: the probable income the owner would have earned without the infringement, the net profit obtained by the infringer, or the license fee that would have been paid under a lawful license agreement (SMK Art. 151/2). The right to choose belongs to the plaintiff, and the method should be selected according to the available evidence. If the reputation of the mark has been damaged because the infringer used or produced the goods poorly or put them on the market in an inappropriate manner, additional compensation can be claimed (SMK Art. 150/2).

Which Court Is Competent in Trademark Cases in Turkey?

In Turkey, civil actions arising from trademark rights are heard by the intellectual and industrial property rights civil courts; where no such court exists, the civil court of first instance acts in that capacity. Infringement actions may be filed at the court of the plaintiff’s domicile, the place where the act was committed or the place where its effects occurred (SMK Art. 156). Criminal cases are heard by the intellectual and industrial property rights criminal courts.

What Additional Remedies Are Available for Trademark Infringement in Turkey?

In addition to civil actions, trademark infringement in Turkey also constitutes an offence punishable by imprisonment and a judicial fine under SMK Art. 30. Under the relevant provisions of the Industrial Property Law, criminal sanctions are foreseen for individuals, or officials of entities, who infringe trademark rights:

1. Imprisonment: Applies to those involved in unauthorized use, production or sale of the trademark and is set between one and three years depending on the severity of the infringement.
2. Judicial fines: Imposed up to twenty thousand days alongside imprisonment to punish the infringement.
3. Security measures: Can be ordered against legal entities in whose favor the offence is committed.
4. Data protection complaint: If the infringement also involves unlawful processing of personal data, a complaint can be filed with the Turkish Personal Data Protection Board (KVKK) for violations of personal data privacy.

These sanctions serve as a deterrent and enable trademark owners to effectively defend their rights in Turkey. 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, and it is highly recommended to seek support from an expert trademark lawyer in Turkey for the effective execution of these processes.

What Are the Grounds for Trademark Cancellation in Turkey?

Under SMK Art. 26, a trademark in Turkey is cancelled (revoked) if it is not used for five years without a justifiable reason, becomes a common name due to the owner’s acts, becomes misleading to the public, or, for collective and guarantee marks, is used contrary to the technical regulations. A decision to cancel a trademark, like an invalidation decision, is a constructive ruling that creates a new legal situation. The grounds for trademark cancellation in Turkey are as follows:

• Cancellation of unused trademarks: A trademark that has not been put to genuine use in Turkey by the owner or with its consent within five years from registration without a justifiable reason, or whose use has been suspended for an uninterrupted period of five years, may be cancelled.
• Cancellation of trademarks that have become common names: A trademark that has become a common name in trade for the registered goods or services as a result of the owner’s acts or failure to take necessary measures may be cancelled.
• Cancellation of misleading trademarks: A trademark used by the owner or with its consent that has become misleading to the public as to the nature, quality or geographical origin of the registered goods or services may be cancelled.
• Cancellation of guarantee and collective marks: A guarantee mark is a sign used by many enterprises under the control of the owner to guarantee their common characteristics, production methods, geographical origin and quality, while a collective mark is a sign used by a group of production, trade or service enterprises. If use contrary to their technical regulations is continuously detected, these marks may be cancelled.

1. Is Trademark Cancellation Decided by the Court or by TÜRKPATENT in Turkey?

Since January 10, 2024, trademark cancellation requests in Turkey are filed with TÜRKPATENT rather than the courts; until that date, trademark cancellation could only be carried out through a court decision. An appeal against the Office’s cancellation decision can be filed with the Board within the Re-examination and Evaluation Department, and an action against the Board’s decision can be brought before the Ankara Intellectual and Industrial Property Rights Civil Court. For 2026, the trademark cancellation fee and the escrow amount for a cancellation request are each set at TRY 35,320.00.

A cancellation decision under Turkish law has prospective, not retroactive, effect and takes effect from the date the cancellation request was filed with the Office. Upon request and provided it is proven that the ground for cancellation arose earlier, the effect of the decision may be backdated to that earlier date.

2. What Is the Difference Between Trademark Invalidation and Cancellation in Turkey?

Under Turkish law, invalidation means that a trademark is deemed never to have been registered because of a ground for refusal existing at the registration date, while cancellation ends the trademark right due to a ground arising after registration. Invalidation actions are still heard by the courts, whereas cancellation requests are examined by TÜRKPATENT. An invalidation decision, as a rule, has retroactive effect.

Under Turkish law, trademark applications filed in bad faith are a relative ground for refusal under SMK Art. 6/9 and, even if registered, may be the subject of an invalidation action under SMK Art. 25. In its decision Docket No. 2020/699, Decision No. 2022/1093, dated 29.06.2022, the Turkish Court of Cassation (Yargıtay) Assembly of Civil Chambers defined a bad-faith trademark application as filing for registration contrary to the principle of good faith despite knowing that one is not the right holder; it listed among such cases knowingly registering a sign used by another, blocking marks aimed at obstructing a competitor, and applications filed for stockpiling, trademark trading or extortion. The Assembly also stressed that the existence of bad faith must be assessed separately in light of the particular circumstances of each case.

3. When Do Trademark Rights End in Turkey?

Under Turkish law, trademark rights end when the protection term expires without renewal, when the owner surrenders the mark, or when the mark is cancelled or invalidated. A surrender can be made for all or some of the registered goods and services and takes effect from the date it is recorded in the register. If rights such as a pledge or license are recorded on the mark, the surrender requires the consent of those right holders.

How Are Trademark Rights Divided During Divorce in Turkey?

The division of trademark rights during the divorce process in Turkey is determined by the legal property regime between the spouses and the time the trademark was acquired. According to the Turkish Civil Code, unless otherwise agreed, the participation in acquired property regime applies, under which 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 with economic value, it can be considered part of the marital estate for property division purposes. However, if the trademark right belonged to one spouse at the start of the property regime or was later acquired by inheritance or otherwise free of charge, it is personal property and is excluded from division (Turkish Civil Code Art. 220).

Handling trademark rights during a divorce in Turkey requires a technical assessment combining expertise in both intellectual property law and Turkish family law. The following points are decisive in the division:

• Values subject to 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.
• Court assessment: In case of dispute between the spouses, the court examines the economic value of the trademark, its income and its status within the marital property regime to make a decision.
• Contractual arrangements: 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 on who retains the trademark, how it will be used and how revenues will be shared during the divorce proceedings in Turkey.
• Use and value of the trademark: 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.

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 transferable rights with economic value; therefore, when the owner 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.

In Turkey, the following points matter for heirs in the transfer of trademark and patent rights:

• Will: In addition, through a will, trademark rights can be bequeathed to a third party by the testator.
• Recordal in the register: To preserve and use these rights, the heirs must have the succession recorded in the register of the Turkish Patent and Trademark Office; in 2026, the recordal fee for transfer by inheritance is TRY 5,550.00.
• Rights and obligations transferred: 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 gives the heirs both the opportunity for economic gain and the chance to enhance the commercial value of the rights.
• Risk of cancellation and expiry: Failing to use the trademark commercially creates a risk of cancellation, and failing to complete renewal procedures creates a risk that the right will end. 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, to which Turkey is a party, 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. These rules aim to protect intellectual property rights at the international level and to secure the commercial activities of foreign investors in Turkey.

In Turkey, the process for foreign applicants is subject to the following principles:

• Mandatory representation: Applicants who do not reside in Turkey or do not have a residence permit in Turkey must conduct their proceedings before TÜRKPATENT through trademark attorneys or lawyers registered with the Office. The registration process should also be planned within this framework for foreign companies’ branches in Turkey and liaison offices.
• Registration requirements: For the application to be accepted, the trademark must be distinctive, eligible for registration and free of legal obstacles.
• Equal rights: Upon registration, foreign applicants enjoy rights equally with domestic trademark owners, including the rights to use the trademark, assign 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.
• Language and communication: Foreign applicants often prefer to work with an English-speaking lawyer in Turkey so that they can follow TÜRKPATENT correspondence, oppositions and infringement proceedings in their own language.