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INTELLECTUAL PROPERTY

Trademark Law

Legal support in disputes over trademark registration, opposition to an application, invalidation, revocation and infringement, based on the scope of the right, the evidence of use and the commercial objective.

FROM CHOOSING A TRADEMARK TO PROTECTING IT

What does trademark law cover?

Trademark law covers the legal issues you may face when choosing, registering, using and protecting your business name, logo or other distinctive signs. Opposition to a similar application, unauthorized use of a trademark, revocation for non-use, and licensing and assignment transactions are different stages of the same right.

Güneş & Güneş Law Firm provides legal services on trademark searches and registration strategy, proceedings before the Turkish Patent and Trademark Office (TÜRKPATENT), trademark actions, unfair competition, digital infringements, counterfeit products, contracts and international protection. Transactions to be carried out before the Office through a representative are planned in coordination with an authorized trademark representative entered in the register.

The review considers the visual, aural and conceptual similarity of the signs, the goods and services, earlier rights, actual use and the target market together. A trade name, domain name or social media account registration does not replace a trademark registration. Being registered does not mean that every use is lawful in relation to other rights, either.

If there is a notification, opposition or infringement: Keep the trademark number, the entire notification, the service records and the evidence. Publication, an Office decision, a revocation request, and customs and court proceedings give rise to different time limits.

Information on application routes and time limits

Who is this service suitable for?

  • Entrepreneurs, manufacturers, service businesses and companies that will create a new trademark.
  • Rights holders whose application has been opposed, or who wish to oppose another trademark application.
  • Those who encounter counterfeit products, e-commerce listings, digital advertising, or domain name or social media use.
  • Businesses that are the subject of a formal notice (ihtar), a revocation request, an injunction, a customs suspension, a lawsuit or a criminal complaint.
  • Companies that will license, assign or franchise their trademark, or have their portfolio reviewed before an investment.
  • Foreign trademark owners seeking protection in Türkiye and Turkish businesses expanding abroad.

SCOPE OF SERVICES

Our trademark registration, opposition and litigation services

The work needed for choosing a trademark, registration, opposition, a dispute or a contract is determined by the scope of the right and the stage of the file.

Registration and opposition to applications

Trademark search and protection strategy

Before you start using a name, logo or other sign, we assess its distinctiveness, earlier rights and the target market. The scope of the search is determined by the sign and the field of activity.

  • Similarity and registrability
  • Word marks, logos and other types of marks
  • Earlier rights and target countries
Review the scope and procedures: Trademark search and protection strategy

Pre-Registration Trademark Search and Protection Strategy

A search conducted before a trademark application should not be limited to looking for identical words. Similar pronunciation, spelling, visual layout, a shared dominant element, meaning in a foreign language, conceptual proximity and the relationship between the intended goods or services should also be assessed.

Within the legal review before filing:

  • Whether the mark is distinctive
  • Whether it contains descriptive or misleading wording, or a term that is free for everyone to use
  • Whether it conflicts with public order, official signs, geographical indications or other protected values
  • Visual, aural or conceptual similarity to earlier marks and applications
  • Whether the classes of goods and services are identical, similar or related
  • Earlier trade names, business names, domain names, designs, copyrights or personality rights
  • Earlier actual use in Türkiye and any claim of an acquired right
  • The risk of bad-faith applications and trademark hijacking
  • Export, licensing, franchise and target-country plans
  • Whether the word mark and the logo need to be applied for separately
  • Protection of different spellings and language versions of the mark
  • Future expansion of products and services

are examined together.

Depending on the concrete risks, the following options are assessed after the search: filing the application as is, changing the mark, narrowing the scope, filing separate applications for the word and the logo, negotiating with the earlier rights holder, or choosing a different mark.

Word, logo, figurative, color, sound, motion, three-dimensional and other signs are assessed on the conditions that the mark be distinctive and that the subject of protection can be shown clearly and precisely in the register. The same presentation and search method is not used for every type of sign.

Basis: 1

Trademark application and class selection

We verify the applicant, the mark sample and the list of goods and services, and tie the formal examination, refusal, publication, fee and registration stages to a follow-up plan.

  • The registration process in Türkiye
  • Preparing the list of goods and services
  • Grounds for refusal and application deficiencies
Review the scope and procedures: Trademark application and class selection

Trademark Application and Registration Process in Türkiye

Trademark registration applications in Türkiye are processed before the Turkish Patent and Trademark Office. The application must be formally complete, the sign and the applicant must be correctly identified, the list of goods and services must be consistent with the activity, and the steps must be followed within the statutory time limits. Proceedings before TÜRKPATENT are carried out in coordination with an authorized trademark representative, depending on the nature of the application.

The application process generally consists of the following stages:

  • Verification of the trademark and applicant information
  • Search for similarity and registrability
  • Preparation of the list of goods and services according to the Nice Classification
  • Filing the application through the electronic system
  • Formal examination and the Office’s examination on absolute grounds for refusal
  • Any deficiency, partial refusal, or comments and appeal against a refusal decision
  • Publication of the application in the Official Trademark Bulletin
  • Handling third-party oppositions and requests for proof of use
  • Payment of the registration fee within the time limit and obtaining the certificate
  • Tracking of renewal, register changes and evidence of use

Keeping the list of goods and services broader than necessary may create cost and the risk of non-use; keeping it narrower than necessary may leave actual activities outside protection. The application text should take into account not only today’s activity but also realistic growth and licensing plans; areas that will not be used should not be added merely to create the impression of broad protection.

Registration is the basic stage of the application; it does not replace the use, monitoring and renewal of the trademark or its protection against infringements.

The list of goods and services is compared with the current classification communiqué published on February 26, 2026. In services for the bringing together of goods in Class 35, it must be stated clearly which goods are covered. The goods class for the product itself and a sales service do not provide the same protection.

Basis: 1, 3

Opposition to publication and proof of use

We treat opposition based on an earlier right and the applicant’s response as two different aspects of the file. The conditions for proof of use and the relevant period are examined separately.

  • Opposition to a similar application
  • Response to the opposition and evidence
  • Genuine use and justified reason
Review the scope and procedures: Opposition to publication and proof of use

Opposition to Trademark Publication and Response to the Opposition

If a trademark application published by TÜRKPATENT conflicts with an earlier trademark or other rights, opposition to publication may be filed within the statutory time limit. The opposition must be substantiated not merely by listing trademark numbers but on the basis of the similarity of the signs, the relationship between goods and services, likelihood of confusion, well-known status, the earlier right, bad faith and concrete market conditions.

Main grounds that may be examined in an opposition to publication:

  • Likelihood of confusion with an earlier registered trademark or application
  • Protection of a well-known trademark
  • Application by an unauthorized representative or commercial agent
  • Earlier actual ownership of the right and use as a trademark
  • An earlier right in a trade name or business name
  • Copyright, design, personality right or another industrial property right
  • Bad-faith application
  • The application having the purpose of taking advantage of another’s commercial effort

When preparing a response to the opposition on behalf of the applicant, the following are assessed: the absence of similarity and of proximity between goods and services, the scope of the earlier mark’s distinctive strength, coexistence in the market, acquired right, consent, proof of use, and the actual scope of protection the opponent can rely on.

Where proof of use can be requested depending on the registration period of the earlier trademark, the request must be submitted within the time limit and in the proper form. Proof of use can directly affect the scope and outcome of the opposition.

An opposition to publication is filed within two months from the publication of the application in the Official Trademark Bulletin, with its grounds and the fee transactions made in accordance with the procedure. A third-party observation and an opposition to publication that confers party status are different. The Office grants a one-month period for the response to an opposition to publication. The request for proof of use must also be made clearly and in writing within the response period; the conditions of the application and the notification records are checked separately.

Proof of Use of the Trademark

Sustainable protection of a registered trademark right requires, in certain cases, showing that the trademark is being used in Türkiye genuinely and as a trademark. Use that is symbolic, solely aimed at preserving the right, or not connected to the scope of registration may not be sufficient.

In the examination of use:

  • Whether the use takes place in Türkiye
  • On which goods or services the trademark is used
  • The duration, frequency, scope and commercial volume of use
  • Whether use in a form different from the registered form alters the distinctive character
  • Whether the use is by the trademark owner, a licensee or a person permitted to use it
  • The connection of export, online sales and digital service use with Türkiye
  • Whether non-use rests on a justified reason

are assessed.

Just as an invoice alone is not always sufficient, an individual screenshot of an advertisement may also fail to show actual sales or provision of services. Invoices, contracts, catalogs, packaging, labels, product photographs, delivery records, advertising spend, internet archives, marketplace records, dealer documents, customs documents and financial records should be filed together with their dates and their connection to the product.

Instead of creating evidence of use after a dispute arises, it is recommended to keep a regular trademark use archive from the date of registration.

Proof of use in an opposition to publication depends on the conditions in Articles 6/1 and 19/2 of the Industrial Property Law. The trademark on which the opposition is based must have been registered in Türkiye for at least five years on the filing or priority date of the application subject to the opposition. A request for proof of use does not automatically apply to all grounds for refusal.

Basis: 1, 2

Office decisions and validity of the trademark

Appeals and actions against Office decisions

We examine the reasoning of the TÜRKPATENT decision and the case file; we plan the appeal to the Re-examination and Evaluation Board and the route of litigation against the final decision separately.

  • Refusal and partial refusal decisions
  • Appeal before the Board
  • Annulment action in Ankara
Review the scope and procedures: Appeals and actions against Office decisions

Appeals Against TÜRKPATENT Decisions, the Re-examination and Evaluation Board (YİDK) and Annulment Actions

Depending on the nature of the decision, an appeal before the Re-examination and Evaluation Board may arise against decisions TÜRKPATENT issues on a trademark application, an opposition to publication or a related transaction. The YİDK review is the final administrative stage within the Office; matters that were not submitted or not sufficiently explained in the first appeal may not always be remedied in subsequent proceedings.

In a YİDK application:

  • The legal and factual bases of the first decision
  • The entire application and opposition file
  • Similarity and likelihood of confusion
  • The scope of the goods and services
  • Proof of use and the connection of the evidence to the relevant period
  • Evidence of well-known status and bad faith
  • Consent, acquired right and earlier decisions
  • The possibility of partial refusal or partial acceptance

are assessed separately.

An annulment action against the final decision of the Re-examination and Evaluation Board may be filed before the Ankara Intellectual and Industrial Property Rights Civil Court (Ankara Fikrî ve Sınai Haklar Hukuk Mahkemesi) within two months from notification of the decision. Depending on the nature of the dispute, an invalidation request directed at the trademark applicant or owner and a request to annul the Office decision may need to be pursued together or in connection with each other.

The time limit for appealing an Office decision is two months from notification of the decision. The grounds of appeal and fee transactions are completed within this period; no new ground of appeal can be added after the time limit. The time limit for an action against a Board decision starts to run separately, from the notification of the final decision.

Basis: 1, 4

Invalidation and earlier rights

We assess the grounds for refusal existing at the time of registration, earlier rights, well-known status and bad faith. The party to the action, its scope and the proof-of-use defense are examined together.

  • Full or partial invalidation
  • Well-known and series marks
  • Bad-faith applications and representative disputes
Review the scope and procedures: Invalidation and earlier rights

Trademark Invalidation Actions

Invalidation of a trademark concerns removal of the registration from the register by court decision on the basis of absolute or relative grounds for refusal that existed from the outset. Invalidation and revocation of a trademark for reasons that arise later are not the same legal institution.

Main situations that may be the subject of an invalidation request:

  • The trademark lacking distinctiveness or being descriptive
  • The sign being used by everyone or being established in trade
  • Containing a sign that is misleading, contrary to public order or cannot be protected by law
  • Likelihood of confusion with an earlier trademark
  • Infringement of a well-known trademark right
  • Application by an unauthorized representative or commercial agent
  • Earlier actual ownership of the right
  • A trade name, copyright, design, personality right or another earlier right
  • Bad-faith trademark application

In the action, invalidation may be requested for the entire trademark or only for certain goods and services. The right to sue, acquiescence, bad faith, proof of use, the parties’ earlier relationship and changes of rights holder in the register must be assessed separately.

An invalidation action is directed at the trademark owner in the register or its legal successor; TÜRKPATENT is not named as a defendant in a request solely for invalidation of the trademark. The effect from the application date, distinctiveness acquired through use, and the statutory exceptions are examined. The consequences of five years of acquiescence in the use of the later trademark are assessed particularly together with the bad-faith exception.

Well-Known Trademarks, Series Marks and Bad-Faith Applications

The well-known status of a trademark cannot be treated as a fixed and permanent status. A claim of well-known status must be shown with current evidence such as the recognition of the mark among the relevant public, the duration and geographic area of use, sales and market share, advertising investment, media visibility, licenses, the scope of protection, decisions and actions taken against infringement.

In terms of protection of well-known status:

  • The relevant consumer circle and the recognition of the trademark
  • The distinctive strength and reputation of the trademark
  • The likelihood of a connection being made on different goods and services
  • Unfair advantage, harm to reputation or damage to distinctive character
  • The common element of a family of series marks
  • Whether the well-known status is current at the application or opposition date

are examined.

In a bad-faith application claim, the parties’ earlier commercial relationship, distributorship or agency, knowledge of the trademark, the application portfolio, the purpose of use, systematic blocking or demanding payment behavior, and the commercial rationale for the application must be substantiated with evidence.

Basis: 1

Administrative revocation of the trademark

We prepare revocation requests based on non-use, becoming a generic name, misleading use and breach of the technical specification, or the defense against those requests.

  • Revocation before TÜRKPATENT
  • Evidence of use and defense
  • Scope of the revocation and the date it takes effect
Review the scope and procedures: Administrative revocation of the trademark

Administrative Revocation of a Trademark by TÜRKPATENT

Trademark revocation arises not from unlawfulness at the time of registration but from specific grounds that arise or continue after registration. Since January 10, 2024, TÜRKPATENT has had the authority to decide on revocation requests under Article 26 of Law No. 6769 on Industrial Property. The implementation details of the administrative revocation process were regulated by the regulation amendment that entered into force on March 15, 2025.

Main circumstances that may be the subject of a revocation request:

  • Failure to use the trademark genuinely, without a justified reason, for the goods or services for which it was registered
  • A continuous suspension of use
  • The trademark becoming a generic name as a result of the owner’s conduct or failure to take necessary measures
  • The trademark becoming misleading to the public as to the nature, quality or geographical origin of the goods or services as a result of use
  • Use of a certification or collective mark in breach of its technical specification

In an administrative revocation file, the goods and services for which revocation is requested, the date on which the grounds for revocation arose, proof of use, justified reason, attributability of use to the trademark owner, and the date on which the decision takes effect must be addressed separately. A separate revocation request must be filed for each trademark.

An appeal within the Office against the decision issued on a revocation request and the subsequent judicial review of the final Board decision are separate stages. An action may be filed before the Ankara Intellectual and Industrial Property Rights Civil Court within two months from notification of the Board’s final decision. Preliminary applications in the transition period and pending older proceedings are examined under their own rules.

When a revocation request is notified to the trademark owner, there is a one-month period for the response and evidence; if requested within this period, the Office grants up to one additional month. A response and evidence not submitted in time are not taken into account. In revocation for non-use, the five-year registration condition, genuine use and justified reasons are examined; the lapse of five years does not by itself delete the trademark from the register.

The revocation fee includes the Office fee and the amount held in the custody account. The conditions for a refund or payment to the other party vary depending on whether the request is accepted in full, rejected in full, accepted in part or withdrawn. The current tariff and transitional provisions are checked at the date of the transaction.

Basis: 1, 2, 4

Infringement, defense and urgent protection

Trademark infringement, damages and defense

In claims of infringement and unfair competition, we examine the nature of the use, the scope of the registration and the damage. The claims of the rights holder and of the business facing the infringement allegation are assessed separately.

  • Determination, cessation and prevention
  • Pecuniary, non-pecuniary and reputational damage
  • Defense against an infringement allegation
Review the scope and procedures: Trademark infringement, damages and defense

Trademark Infringement and Unfair Competition Actions

Unauthorized use of the identical sign of a registered trademark, or of a sign so similar as to create a likelihood of confusion, may constitute trademark infringement. However, not every similar use is automatically considered infringement. The use as a trademark, the connection with the goods or services, the target audience, the commercial impression, the context of use, exhaustion of rights, honest use and earlier rights must be examined together.

Trademark infringement claims may arise from the following uses:

  • Use of the sign on a product, packaging, label or the presentation of services
  • Production, offering for sale or stocking of a product bearing a counterfeit mark
  • Import, export or putting into commercial circulation
  • Use on business papers, catalogs, signage and advertisements
  • Use on a website, domain name or social media account
  • E-commerce listings and online marketplace sales
  • Search engine advertising, keyword or redirect use
  • Confusion between a trademark and a trade name or business name
  • Imitation of a trademark, logo or packaging on a non-original product
  • Continued use after a license or distributorship has ended

Some uses for which there is no trademark registration, or which fall outside the scope of the registration, may, depending on the concrete conditions, be protected under the provisions on unfair competition, trade name, works, designs or personality rights. A trademark action and an unfair competition action must be brought without confusing their legal grounds and claims.

Legal Claims That May Be Asserted in Trademark Infringement

The claims that may be asserted in an infringement of a trademark right are determined by the scope of the registration, the type of act, the parties’ commercial relationship and the damage. Instead of asserting all claims unconditionally in the same file, the legal and evidentiary basis of each claim must be built separately.

Claims that may be assessed according to the concrete case:

  • Determination of the infringement
  • Prevention of a probable infringement
  • Cessation of ongoing infringing acts
  • Elimination of the consequences of the infringement
  • A decision on counterfeit products, packaging, labels and means of production
  • Pecuniary damage and lost profit
  • Non-pecuniary damages
  • Redress of the damage to the reputation of the trademark
  • Compensation based on a license fee or other calculation methods
  • Publication of the decision
  • Claims concerning the use of a domain name, trade name or online account
  • Litigation costs and attorney’s fees

To calculate damages, the defendant’s sales and profits, the trademark owner’s probable earnings, licensing practices and market data may be examined. Trademark valuation and the calculation of damage arising from infringement are not the same thing; where necessary, we work with financial, sector and trademark valuation experts.

Defense Against an Allegation of Trademark Infringement

Trademark disputes do not consist only of claims asserted on behalf of the rights holder. Defenses of manufacturers, sellers, importers, distributors and service providers who are the subject of a formal notice, platform notification, customs suspension, injunction, lawsuit or criminal complaint are also prepared by examining the registration and actual use together.

Main issues that may be assessed in the defense:

  • The signs or the goods and services not being similar
  • The use not having the character of use as a trademark
  • Honest and descriptive use
  • An earlier right or earlier actual use
  • The scope of a claim of consent, license, contract or implied permission
  • Exhaustion of rights and the original-product defense
  • Invalidation or revocation of the trademark registration
  • Non-use of the claimant’s trademark and proof of use
  • Exceeding the scope of goods and services of the registration
  • A claim of loss of rights through acquiescence
  • Prima facie proof and proportionality in an interim injunction
  • Objections on damage, fault and causation
  • Intent, act and personal responsibility in criminal liability

So that the statements made in civil, criminal, customs and platform proceedings do not contradict one another, the defense should be coordinated with a single-file strategy.

A later-dated trademark registration alone does not provide a defense against an earlier right. An action for a declaration of non-infringement is examined according to the conditions of a person against whom an infringement action has not yet been filed. The effect of counterclaims and of the route of invalidation or revocation on the pending action is assessed separately. In compensation arising from unfair competition or trademark claims, mediation as a condition precedent to litigation is checked separately.

Enforcement of a final or enforceable decision and collection of the receivable are also planned separately in terms of enforcement and insolvency law.

Basis: 1, 5

Digital infringements and interim injunctions

We examine the use of domain names, social media, marketplaces and advertising; we coordinate evidence preservation, interim protection and platform applications according to the file.

  • Interim injunction and preservation of evidence
  • Conflict between trade name and domain name
  • E-commerce, account and advertising infringements
Review the scope and procedures: Digital infringements and interim injunctions

Interim Injunction and Preservation of Evidence in Trademark Infringement

Where a trademark infringement continues, counterfeit products are distributed, digital records are deleted or goods change hands, waiting for the final decision may make it harder to protect the right. For this reason, the need for evidence preservation and an interim injunction should be assessed at the beginning of the file.

Interim protections that may be sought may include the following, depending on the concrete case:

  • Temporary cessation of the infringing use
  • Seizure of counterfeit products, packaging and means of production
  • Preventing the sale, import or export of the products
  • Interim measure concerning an e-commerce listing or online content
  • Preservation of evidence at the workplace, in the warehouse or in the digital environment
  • Preservation of commercial books, invoices, stock and sales records
  • Application for the suspension of customs procedures
  • Assessment of security and counter-security

The screenshot, notarial record, source code, URL, date and time data, platform correspondence, test purchase, invoice and the way the product sample was obtained must be clearly shown. Because the use of unlawfully obtained digital records may itself give rise to a dispute, the method of collecting evidence must be planned from the outset.

Filing a lawsuit or a platform application does not by itself stop sales. In an interim injunction, the showing of the right and of the danger, proportionality, security, enforcement and the time limits for follow-up actions are assessed separately. Obtaining the decision and enforcing the decision are different stages.

Trade Names, Business Names, Domain Names and Social Media Accounts

The registration of a company in the trade registry or the acquisition of a domain name does not mean that using the same wording as a trademark is legally safe. A trade name, business name, trademark, domain name and social media username are subject to different registries and protection systems; in practice, however, they may conflict with one another.

In these disputes:

  • The type of right and the date it was acquired
  • The commercial function for which the sign is used
  • The parties’ fields of activity and customer base
  • The country and users the website targets
  • Holding a domain name for parking, redirection or sale purposes
  • The actual use of the social media account
  • Bad-faith domain name registration and a cybersquatting allegation
  • TRABİS, the domain name dispute resolution system or international domain name procedures
  • Deletion of the trade name from the registry or limitation of its use
  • The relationship between trademark, unfair competition and personality right claims

are assessed.

A removal request made to a platform may not replace a court or an alternative dispute resolution route. The removal of content and the lasting legal status of the account, the domain name or the commercial use are separate matters.

Trademark Protection in E-Commerce, Online Marketplaces and Digital Advertising

Trademark infringements no longer take place only on physical products and in stores. E-commerce listings, social media sales, sponsored ads, search engine keywords, app stores and counterfeit websites can cause an infringement to reach wide audiences in a short time.

In digital trademark protection:

  • Identification of the infringing URL, account, store and seller details
  • Preservation of the content with its date and source information
  • Documenting the test purchase and the supply process of the product
  • Platform intellectual property notices
  • Requesting seller and service provider information
  • Examination of domain name registration and hosting information
  • Ad copy, keyword and redirect behavior
  • Interim injunction and preservation of evidence
  • Fake sites, phishing and fraud links
  • Coordination with platforms and sellers in more than one country

are addressed together.

Automated trademark monitoring or a platform notification does not make a legal characterization. Just as not every use that looks similar is an infringement, the rejection of a content removal request does not conclusively show that the use is lawful.

Basis: 1, 5, 6

Counterfeit products, customs and criminal proceedings

We investigate the nature of the suspect product, the supply chain and the responsibility of the parties. We assess counterfeit products and the resale of original products separately.

  • Protection and suspension at customs
  • Criminal complaint and defense
  • Parallel import and exhaustion of rights
Review the scope and procedures: Counterfeit products, customs and criminal proceedings

Counterfeit Products, Customs and Criminal Proceedings

The production, import, export, storage and commercial distribution of products bearing counterfeit marks may bring civil, customs and criminal proceedings into play at the same time. These routes differ in purpose, rules of proof and time limits.

Our scope of work:

  • Application for protection of intellectual and industrial property rights at customs
  • Examination of the product and documents where suspect goods are suspended
  • Submission of documents on ownership of the right, authority and originality
  • Samples, photographs and technical product comparison
  • Necessary civil or criminal applications after a temporary suspension
  • Investigation of production, warehouse, distribution and sales channels
  • Search, seizure and expert examination proceedings
  • Complaint and defense concerning the offense of trademark infringement
  • Claims concerning the disposition and destruction of counterfeit products
  • Liability of the importer, exporter, carrier, warehouse keeper and seller
  • Coordination of counterfeit goods operations involving more than one country

Criminal liability is assessed on the basis of the person and the act. A company record, the ownership of a workplace or the presence of a product somewhere does not, by itself, mean that intent and personal liability are proven for every person. For the rights holder, too, registration, the right to file a complaint, the counterfeit nature of the product and properly obtained evidence are important.

The offenses in Article 30 of the Industrial Property Law are subject to complaint; for a penalty to be imposed, the trademark must be registered in Türkiye. A legal assessment of infringement does not by itself give rise to criminal liability. If a customs notification has arrived, the time of the notification, the goods information and the necessary judicial applications are examined without delay.

For related work, customs and international trade services and criminal law services may be reviewed.

Parallel Import, Exhaustion of Rights and Use of Original Products

The resale of an original product and the sale of a counterfeit product are not in the same legal position. Exhaustion of rights may arise for products placed on the market by the trademark owner or with its consent; however, the dispute may continue where the product is altered, impaired or repackaged, a misleading impression is created about warranty and after-sales service, or the concrete use constitutes another infringement. Exhaustion of rights does not unconditionally permit every form of resale or advertising.

In this area:

  • Whether the product is original
  • By whom and where the first placing on the market was made
  • The trademark owner’s consent
  • Changes to the product, packaging or serial number
  • Repackaging and relabeling
  • Whether an impression of being an authorized dealer is created
  • Warranty, service and consumer information
  • The connection with customs, distributorship and competition law

are examined.

Basis: 1, 7

Contracts, portfolio and international protection

Licensing, assignment and trademark contracts

We determine in the contract on which products, in which countries and through which channels the trademark will be used. The fee, quality control, register entry and use after termination are regulated together.

  • Licensing, assignment, pledge and inheritance
  • Franchise, dealership and distributorship
  • Consent, coexistence and settlement
Review the scope and procedures: Licensing, assignment and trademark contracts

Trademark License, Assignment, Pledge and Commercial Contracts

A trademark may be assigned as a company asset, licensed, used as security, attached, and pass by inheritance. It is not enough for the transaction to appear in the register alone; its commercial scope must be clearly set out in the contract.

In trademark contracts, in particular:

  • The trademark and countries assigned or licensed
  • Scope of goods and services
  • Exclusive or non-exclusive license
  • Term, territory and sales channels
  • Prohibition of sublicensing and assignment
  • Quality control and trademark use standards
  • License fee, turnover reporting and audit right
  • Digital use, domain names and social media accounts
  • Obligation to act on registration, renewal and infringement
  • Transfer of evidence of use to the trademark owner
  • The status of stock after the contract ends
  • Confidentiality, non-competition and dispute resolution
  • Entry in the register and enforceability against third parties

should be regulated.

In franchise, distributorship and dealership contracts, the use of the trademark is part of the main commercial relationship. How trademark use on signage, domain names, accounts, advertising, stock and customer communication will be ended when the contract ends must be set out clearly.

Legal transactions concerning a trademark right are subject to written form; the validity of an assignment contract depends on its being notarized. Entry in the register and enforceability against good-faith third parties are assessed separately. Special validity provisions apply to certification and collective marks. A licensee’s standing to bring an action is examined together with the type of license, the contract and the notification requirements.

The tax dimension of a trademark transaction may require separate work; the scope of tax law is determined according to the transaction.

Basis: 1

Portfolio, renewal and company review

We audit registration ownership, the sign in use, classes, licenses, renewals and use records together. We review trademark risks in investments and company transfers.

  • Renewal and register changes
  • Monitoring and archive of evidence of use
  • Mergers, acquisitions and investment
Review the scope and procedures: Portfolio, renewal and company review

Trademark Portfolio, Renewal and Legal Audit

For companies that own several trademarks, tracking only the renewal date is not enough. The portfolio should be audited regularly in terms of the trademarks in use, ownership of the registrations, changes to the company’s name, licenses, classes, target countries and economic importance.

Trademark portfolio work:

  • Inventory of trademarks, applications and ownership
  • Identifying renewals and missing register entries
  • Comparing the trademark in use with the registered form
  • Revocation risk for unused classes and trademarks
  • Building an archive of evidence of use
  • Consistency of license and franchise contracts with the registrations
  • Needs for new products, services and countries
  • Trademark monitoring and opposition system
  • Ownership of domain names and social media accounts
  • Transfer of rights on company merger, division or transfer
  • Pledge, attachment, inheritance and other limitations
  • Registrations that have lost their function or pose a risk

is carried out on the basis of these items.

In a company merger, investment or trademark acquisition, the register entry alone is not sufficient. The validity of the trademark, the status of use, pending oppositions and actions, licenses, infringement allegations, renewal dates and revenue-generating capacity must be included in the legal review.

The protection period of a registered trademark is ten years from the application date, not from the date the registration certificate was issued; it can be renewed in ten-year periods. Ordinary renewal can be made within the six months before expiry; renewal with an additional fee can be made within the six months after expiry. Use, monitoring and renewal do not replace one another.

Company mergers, transfers and shareholding transactions can be addressed together with company law services.

Basis: 1

International registration and protection in Türkiye

We compare the options of target country, national application and the Madrid System. Foreign trademark owners’ transactions in Türkiye and processes abroad are coordinated with authorized local representatives.

  • The Madrid System and choice of country
  • Provisional refusal and local representation
  • Türkiye files of foreign rights holders
Review the scope and procedures: International registration and protection in Türkiye

International Trademark Registration and the Madrid System

Trademark protection is territorial. A registration in Türkiye does not by itself protect the trademark in all countries. A protection strategy must be built separately for the countries where export, e-commerce, production, licensing, franchising or investment is planned.

Where the required connection and basic application or registration conditions exist, the Madrid System allows protection to be requested in selected member countries through a single international application. However, the trademark office of each country examines the application under its own law and may issue a provisional refusal.

Our international trademark work:

  • Determining target country and market priorities
  • Comparing direct national application with the Madrid System option
  • Assessing the scope of the basic application or registration
  • Preparing the list of goods and services according to a multi-country strategy
  • Following WIPO procedures and country notifications
  • Coordination with local representatives against provisional refusal decisions
  • Subsequent designations, renewals and register changes
  • Country-by-country follow-up of use obligations
  • International licensing, assignment and security transactions
  • Coordination of infringement, customs and litigation proceedings abroad

A Madrid registration does not create a single, indivisible world trademark; protection in each selected country arises under that country’s legislation and within the scope of the decision issued.

The dependence of an international registration on the basic application or registration during the first five years is also included in the strategy. The termination of the basic right may affect protection in the selected countries; local refusals, transformation options and time limits are examined under their own conditions.

Protection of Foreign Trademark Owners in Türkiye

In the trademark proceedings of foreign individuals and companies in Türkiye, international registration, designation of Türkiye, national application, local use, the relationship with a distributor or representative, and customs protection must be examined together.

In this scope:

  • Search for earlier applications and registrations in Türkiye
  • Application of a foreign trademark in Türkiye or designation of Türkiye
  • Provisional refusal, opposition to publication and response
  • Unauthorized application by a distributor, agent or commercial representative
  • Bad-faith registration and trademark hijacking
  • Evidence relating to Türkiye for proof of use
  • License, distributorship and franchise contracts
  • Counterfeit products, customs and online infringement
  • Foreign documents, translation, power of attorney and service
  • Multi-country disputes and coordination with local legal advisers

are addressed.

Communication in Turkish, English, German and Russian helps proceedings conducted with foreign trademark owners, company executives and trademark representatives in different countries to proceed in an understandable and coordinated way.

The representation of persons whose place of residence is abroad before the Office is established in accordance with the statutory requirement for a trademark representative. The authority to act in a foreign country and attorney services in Türkiye are separate; official transactions and lawsuits in a foreign country are carried out by an authorized local legal practitioner.

Basis: 1, 8, 9

RIGHTS, APPLICATIONS AND TIME LIMITS

Distinctions that prevent loss of rights in trademark law

The application route, competent authority, starting date and evidentiary requirements are assessed together. The time limits of different transactions relating to the same trademark may be independent of one another.

Registration and Office proceedings

TÜRKPATENT carries out applications, oppositions, register matters and the administrative revocation proceedings provided for by law. Office proceedings and court proceedings are different.

Attorney and trademark representative

Legal advice and judicial representation are separate authorizations from trademark representation before the Office. Office transactions carried out through a representative are conducted by an authorized trademark representative entered in the register.

Civil and criminal courts

Depending on the type of trademark dispute, the civil or criminal court for intellectual and industrial property rights has jurisdiction. In places where there is no separate court, the law and the decisions on judicial districts apply.

Protection abroad

A registration in Türkiye provides territorial protection. The choice between the Madrid System and a direct application is determined by the target country, the basic right and the conditions of local representation.

How are classes of goods and services selected?

  • Actual activity: The goods produced and the services provided are written separately; a trademark is not classified by looking only at the business name.
  • Class 35 and products: In the service of bringing goods together, the relevant groups of goods are indicated. For trademark protection on the product itself, the goods class of that product is examined separately.
  • Similarity assessment: Being in the same class does not always mean similarity, nor does being in a different class always mean dissimilarity. The nature, purpose and relationship of the goods and services must be examined.
  • Current list: For an application in Türkiye, the communiqué dated February 26, 2026 is checked; for an international application, the terms and lists accepted by the relevant offices are checked.
  • Future use: Realistic growth and licensing plans are taken into account. An unnecessarily broad list may create cost and the risk of non-use; a narrow list may leave actual activity outside the scope.

Opposition to publication: two months from the publication date

For an opposition to a similar trademark application, the starting point is the publication date in the Official Trademark Bulletin. The grounds and fee transactions must be completed within the time limit. The date on which the application is noticed does not automatically start a new time limit.

Basis: 1

Appeal against a decision: two months from notification

A party harmed by an Office decision files its appeal within two months from notification of the decision. The Re-examination and Evaluation Board examines this appeal. An opposition to publication and an appeal against a decision are separate proceedings.

Basis: 1, 4

Action against the final Board decision

An action may be filed before the Ankara Intellectual and Industrial Property Rights Civil Court within two months from notification of the Board’s final decision. This route must not be confused with the general administrative court route used for every administrative act.

Basis: 1, 4

Invalidation and revocation are different routes

A court decides on invalidation based on absolute or relative grounds for refusal at registration. For the grounds for revocation in Article 26 of the Law, the authority has been with TÜRKPATENT since January 10, 2024; the transition status of older files is examined separately. The dates on which decisions take effect are also different.

Basis: 1, 2

Response to a revocation request: one month

The trademark owner must submit its response and evidence within one month from notification of the revocation request. If requested within this period, up to one additional month is granted. Having the evidence archive ready helps manage the short defense period.

Basis: 1, 2

Five years of non-use: no automatic deletion

Failure to use the trademark genuinely in Türkiye for five years from registration without a justified reason, or a five-year uninterrupted suspension of use, may be a ground for revocation. A request and an examination are required for revocation. The starting dates of proof of use within oppositions and actions are calculated separately.

Basis: 1, 2

Ten-year protection starts from the application

A registered trademark is protected for ten years from the application date and can be renewed in ten-year periods. The six-month ordinary period before expiry and the six-month renewal period with an additional fee after expiry are different.

Basis: 1

Injunction and evidence preservation serve different functions

Evidence preservation aims to preserve the existing situation; an interim injunction, if its conditions are met, aims to prevent the infringement temporarily. Filing a lawsuit or sending a notification to a platform does not by itself stop sales or use.

Basis: 1, 6

Registration, class and country limits

Protection is assessed according to the sign, the scope of goods and services, earlier rights and the country. A class number alone does not determine the outcome of an infringement. A registration in Türkiye or a Madrid entry does not provide automatic and unlimited protection worldwide.

Basis: 1, 3, 8

Which date applies to electronic notification?

In TÜRKPATENT’s consent-based electronic service of documents, the date of first login after the document is placed in the assigned mailbox matters; if no login is made, the end of the tenth day following that date matters. This special procedure must not be confused with the rules on judicial electronic service. In opposition, response, litigation and customs files, the date on which you see the document and the legal date of service may not be the same. Keep the entire notification and the system records; the time limit must be calculated on the concrete file.

Basis: 1

OUR APPROACH

How do we handle a trademark file?

We examine the right, the party, the commercial objective, the register and the records of use together. We take care that statements made in Office, court, customs, platform and contract proceedings support one another. Work by the necessary trademark representative, financial expert and foreign legal practitioner is planned separately.

Trademark search and registration process

We plan the application together with actual use, classes and target countries.

  1. Right and objective

    The applicant, the mark sample, products and services, first use and target countries are determined.

  2. Search and scope

    Earlier rights, distinctiveness and classes are examined; options for the application or an alternative sign are assessed.

  3. Application and oppositions

    Authorized representation, electronic application, refusal, publication, response and fee transactions are dated.

  4. Registration and ongoing follow-up

    After registration, a use archive, monitoring, register entries and a renewal calendar are created.

Opposition, revocation and infringement file

We assess options for protecting the right, defense and commercial resolution according to the circumstances of the file.

  1. File and chronology

    The register, use, the other party, contracts, when the infringement was discovered and service records are examined.

  2. Urgent protection

    Digital and physical evidence, the customs notification, injunction and response time limits are prioritized.

  3. Application and defense

    An Office proceeding, negotiation, mediation, a civil or criminal route are compared by purpose, evidence and cost.

  4. Decision and enforcement

    The decision, the appeal before the regional court of appeal (istinaf) and, where its conditions are met, the appeal to the Court of Cassation (temyiz); the register effect, collection and license and portfolio consequences are followed.

The information and follow-up arrangement is determined according to the work undertaken. No guarantee is given as to registration, an Office decision, a platform action or the outcome of the proceedings.

PREPARING FOR A CONSULTATION

What information and documents can be prepared?

Organize the information you have. Waiting for all documents to be completed should not delay time-sensitive or urgent applications.

Trademark and ownership of the right

  • Trademark sample; application, registration and, if any, international registration number.
  • Applicant, user, company representative and other party details.
  • List of goods and services, countries; assignment, license, franchise or representation relationships.

Office and court records

  • Opposition, refusal, revocation request, Board decision and file numbers.
  • The entire notification; records of placement in the electronic mailbox, login and service.
  • Lawsuit, injunction, customs letter, complaint or formal notice.

Evidence of use and infringement

  • Dated invoices, catalogs, packaging, labels, advertising and sales records.
  • Infringement links, seller/account details, records with date and time.
  • Product sample, test purchase, supply documents; a short account of events and a chronology.

Do not upload sensitive documents to the first general contact area. Do not write trade secrets, customer lists, unannounced product plans, source code or passwords in the general contact area. Information and documents are handled to the extent necessary for the legal assessment and the work undertaken, with attorney confidentiality and personal data protection obligations observed. After the check of parties and conflicts of interest, an appropriate secure sharing method is determined. Information on the processing of personal data.

SCOPE OF THE WORK

Fees, expenses and representation terms

Which stage will be followed, the client’s expectations and the transactions the file requires are clarified at the outset.

Information on fees, court fees and expenses

Scope of the legal service

Research and opinion, application or opposition, the Board stage, litigation, legal remedies and enforcement of the decision may be separate jobs. The fee is discussed according to the trademarks, classes, countries, density of evidence and the stage to be undertaken. A fixed registration or lawsuit fee is not applied to all files.

Office, litigation and external service expenses

Office fees for application, opposition, registration, renewal and revocation; court fees, expert, on-site examination, security, notary, translation, foreign representative and World Intellectual Property Organization (WIPO) expenses are separate from the attorney’s fee. The amount held in custody for a revocation request and the security for an interim injunction are different matters. TÜRKPATENT’s current trademark transaction fees (opens in a new tab) are checked on the date of application.

Representation and working arrangements

After the check of parties and conflicts of interest, acceptance of the matter, the power of attorney, coordination with the trademark representative, the communication arrangements and expenses are clarified. No guarantee is given as to trademark registration, a platform decision, or the duration or outcome of a lawsuit.

ANTALYA-BASED WORK

Legal support from Antalya for trademark proceedings across Türkiye

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999, determines the scope of its services in trademark files in all 81 provinces of Türkiye according to the requirements of subject-matter and territorial jurisdiction and representation. Our physical headquarters has been in Antalya since 2007.

In tourism and hospitality, food, retail, manufacturing and digital service businesses, the trademark is addressed together with the name, logo, product, packaging and online use. In addition to local use, export, e-commerce, dealership and licensing plans are also included in the review.

File follow-up across Türkiye

TÜRKPATENT proceedings, the court with subject-matter and territorial jurisdiction, the customs administration, and on-site examination and hearing needs are included in the work plan. The initial assessment can be made online; the necessary official proceedings and on-site examinations are carried out separately.

Foreign trademark owners and international coordination

Communication is available in Turkish, English, German and Russian. In files connected with Türkiye, the conditions for foreign documents, translation, apostille or certification, power of attorney and service are examined. Applications and lawsuits abroad are coordinated within the scope of work determined with an authorized representative or legal practitioner in that country.

FREQUENTLY ASKED QUESTIONS

What people wonder before applying

The questions are for general information. The nature of the specific case, the contents of the file and the current procedural rules are considered together in an individual assessment.

Registration and application

How is a trademark registered?

First the sign, the rights holder and the list of goods and services are determined; earlier rights are searched. TÜRKPATENT examines the application for form and absolute grounds for refusal. Once publication, any oppositions and fee transactions have been completed, the scope found suitable is registered. A refusal, deficiency or opposition in the file may change the duration and the outcome.

Does acquiring a company name or domain name protect the trademark?

A trade name, a domain name and a trademark are different rights. A company or domain name registration does not provide a trademark registration for the same wording. Earlier use or another right may matter in some disputes; their scope and evidence are examined separately.

Is a trademark registration the same as a patent?

A trademark protects signs that distinguish the commercial source of goods or services. A patent, in contrast, concerns a technical invention; a patent is not obtained to protect a logo or a business name. The appearance of a product may also concern design, original drawing or copyright provisions on content.

Does a Class 35 registration protect all my products?

The scope of the service of bringing goods together in Class 35 is built on the goods stated in the application. This service does not replace the goods class of the product itself. The list should be prepared by assessing production, retail, wholesale and electronic sales activities together.

How long does trademark registration take and how much does it cost?

Because of the examination, deficiency, opposition and decision processes, the same duration cannot be stated for every file. Office fees vary according to the transaction and the number of trademarks and classes. Attorney, trademark representative and, if any, foreign country expenses are determined separately according to the scope of the work.

For how many years is my trademark protected, and when is renewal made?

A registered trademark is protected for ten years from the application date and can be renewed in ten-year periods. Renewal is made in the six months before expiry; if this period is missed, there is an option of renewal with an additional fee within six months after expiry. Use and other revocation risks are independent of renewal.

Opposition and use

Within how many days can a similar trademark application be opposed?

The time limit for opposition to publication is not a fixed number of days but two months from the publication of the application in the Official Trademark Bulletin. The grounds and fee transactions must be completed within the time limit. Whether another route exists when the opposition time limit is missed is assessed separately according to the file.

My trademark application has been opposed; what should I do?

Prepare the entire opposition, the trademarks relied on, the Office notification and the list of goods and services. Similarity, earlier rights and, if necessary, a request for proof of use are assessed. The Office grants a one-month period for the response to an opposition to publication. If proof of use is to be requested, the request must be submitted clearly and in writing within this response period; additional evidence procedures are checked separately.

How is a TÜRKPATENT refusal decision appealed?

The party harmed by the decision may file a reasoned appeal within two months from notification. The file is examined by the Re-examination and Evaluation Board. Because no new ground of appeal can be added after the time limit, the scope of the first file is important.

Where is an action filed against the final Board decision?

An action may be filed before the Ankara Intellectual and Industrial Property Rights Civil Court within two months from notification of the Board’s final decision. The parties and the legal bases of the annulment of the Office decision and of an invalidation request directed at the trademark owner are assessed separately.

Can proof of use be requested in every trademark opposition?

No. In an opposition based on Article 6/1 of the Law, conditions are required such as the trademark on which the opposition is based having been registered in Türkiye for at least five years on the filing or priority date of the application subject to the opposition. The time limit and form of the request are checked separately; it does not apply to all grounds for refusal.

Is a single invoice enough to prove use?

Whether a single document is sufficient depends on the specific situation. The evidence must show the trademark, the relevant goods or services, the connection with Türkiye and the period under examination. Invoices, products, packaging, catalogs, advertising, delivery and sales records are assessed together; use that is merely symbolic to preserve the right may not be sufficient.

Revocation, invalidation and infringement

What is the difference between trademark invalidation and trademark revocation?

Invalidation is based on absolute or relative grounds for refusal at registration and is requested from the court. Revocation under Article 26 of the Law, in contrast, is requested from TÜRKPATENT on grounds such as non-use or the conditions of later use. The date on which the decision takes effect and the transitional provisions applicable to older files are different.

Is an unused trademark automatically deleted after five years?

No. Five years of genuine non-use, or an uninterrupted suspension, may constitute a ground for revocation if there is also no justified reason; a request and an examination are required. Which goods and services were used and the timing of use matter. The rule that use begun in the last three months in response to a revocation threat is disregarded is assessed separately.

A revocation request has been filed against my trademark; what is the response time?

The response and evidence must be submitted to the Office within one month from notification. If requested within this period, up to one additional month is granted. A response and evidence not submitted in time are not taken into account; for this reason, arranging use records in advance is important.

What claims can I make if my trademark is used without permission?

If their conditions are met, determination, prevention, cessation and removal of the consequences of the infringement, and damages may be requested. Requests concerning an interim injunction, preservation of evidence, products and publication of the decision are examined separately. For each claim, the ownership of the right, the act, the damage and the evidentiary basis must be established.

Is mediation required before a trademark damages action?

Mediation as a condition precedent to litigation arises in commercial receivable and damages claims whose subject is the payment of a sum of money. A claim only for invalidation, declaration or cessation and a monetary claim are not subject to the same assessment. The scope of claims asserted together and the need for urgent interim protection are checked in the specific file.

What defenses can be raised against an infringement allegation?

Difference of sign and goods or services, use not as a trademark or honest use, consent/license, earlier rights, exhaustion of rights, proof of use and objections on damage may be examined. A later-dated registration alone does not provide immunity. The consistency of statements in civil, criminal, customs and platform proceedings must be maintained.

Digital protection, contracts and abroad

Can I have a marketplace listing or social media account removed immediately?

First, the content must be preserved lawfully with its date, link and seller details. The options of a platform notification, the domain name dispute route, preservation of evidence and an interim injunction are examined. A notification alone does not provide a guarantee of removal or transfer of an account; a platform action is not a final judicial assessment.

What should I do when I receive a counterfeit product notification at customs?

Submit the entire notification, its date and time, and the trademark and goods information for assessment without delay. Ownership of the right, the originality of the product and the representation documents are prepared. The time limits and conditions of the judicial applications that will follow the temporary customs measure are checked separately; it is not assumed that a single application completes all the proceedings.

Is selling original products or parallel importing an infringement in every case?

Exhaustion of rights may arise for original products placed on the market by the rights holder or with its consent. However, alteration or impairment of the product, the packaging and advertising format, or the impression of being an authorized dealer may give rise to a separate dispute. The source of the product and the sales presentation are examined together.

What is needed to assign a trademark or grant a license?

The scope of the right and the conditions of use are determined in a written contract; notarization is a condition of validity for an assignment contract. License type, country, goods and services, fee, quality control and use after termination are regulated. Entry in the register and enforceability against third parties are addressed separately.

Is my trademark registered in Türkiye also protected abroad?

A Türkiye registration does not by itself provide protection in all countries. Direct applications to target countries or, if the conditions are met, the Madrid System are assessed. Each country’s examination and use rules are separate; the international registration’s five-year dependence on the basic trademark is also taken into account.

I am outside Antalya or abroad; can you follow my file?

From our physical headquarters in Antalya, the scope of work can be determined for files in all 81 provinces of Türkiye according to the requirements of subject-matter and territorial jurisdiction and representation. The first consultation can be held online; communication is available in Turkish, English, German and Russian. Official proceedings and lawsuits abroad are coordinated separately with an authorized local legal practitioner.

CONSULTATION REQUEST

Let us assess your trademark and the priority of your file

In your first message, state the trademark or application number, the brief subject of the transaction, the country and, if any, the notification date. If there is an approaching opposition, response, lawsuit or customs deadline, add this information.

A consultation request does not mean that the matter has been accepted or that a time-limited application has been filed. For your existing file, use the Client Center and the communication channel agreed with you.

Confidentiality and information security