Trademark registration in Turkey: the process from application to opposition and infringement action
In Turkey, trademark protection is obtained through registration; the application is filed with the Turkish Patent and Trademark Office (Türk Patent ve Marka Kurumu, TÜRKPATENT), and the trademark is entered in the register after the examination, publication and opposition stages. This guide summarizes the process, from application to renewal and from opposition to infringement action, with reference to the articles of the Industrial Property Law No. 6769 (SMK).
Last updated: · Prepared by: Av. Barış Kaymaz
Which question, which guide?
| Your question | Related guide | One-line answer |
|---|---|---|
| To what extent is my trademark protected? | Intellectual Property Guide | A short test that assesses the protection status of trademark, copyright and patent assets. |
| Which classes are selected in the application? | Trademark class selection guide | Goods and services are classified under the Nice Agreement; being in the same class does not create a presumption of similarity (SMK Article 11(3)–(4)). |
| How is an opposition filed against a published application? | Guide to opposing a trademark publication | Within 2 months of publication, in writing and with reasons, and with payment of the fee (SMK Article 18). |
| When forming a company, how are the trade name and the trademark distinguished? | Company formation guide | The trade name (ticaret unvanı) is registered with the trade registry; trademark protection, by contrast, is obtained separately through registration (SMK Article 7(1)). |
| Which page covers unfair competition and commercial disputes? | Commercial Law | Commercial contracts, unfair competition and commercial lawsuits. |
| What work does the firm handle in this area? | Intellectual Property Law | Trademark applications and oppositions, actions against decisions of the Office, and infringement and invalidation (hükümsüzlük) actions. |
Why is trademark registration necessary, and what does it protect?
Trademark protection is obtained through registration, and the rights arising from registration belong exclusively to the trademark owner (SMK Article 7(1)–(2)); registration of a trade name does not take the place of this protection. An unregistered sign can be protected only in limited cases, for example through an opposition based on prior use (Article 6(3)).
A trademark may consist of any kind of sign, such as words including personal names, figures, colours, letters, numbers, sounds and the shape of goods or their packaging, provided that it distinguishes the goods or services of one undertaking from those of other undertakings and can be shown in the register in a clear and precise manner (SMK Article 4).
The owner of a registered trademark may request that unauthorized use be prevented; for a penalty to be imposed for the offences of trademark infringement, the trademark must also be registered in Turkey (SMK Articles 7(2) and 30(5)).
How is a trademark application filed?
The application is filed with the Turkish Patent and Trademark Office and contains 4 basic elements: the applicant's identification details, a representation of the trademark, a list of goods and services, and information showing that the application fee has been paid; each application may request the registration of only one trademark (SMK Article 11(1)–(2)).
Citizens of the Republic of Turkey, persons domiciled or carrying on activity in Turkey, persons entitled to apply under the Paris Convention or the Agreement Establishing the World Trade Organization, and nationals of states protected under the principle of reciprocity may apply (SMK Article 3). For an application filed in Turkey within 6 months of the first application in a country party to the Paris Convention, a priority right (rüçhan hakkı) may be claimed (Article 12).
A trademark owner abroad may also designate Turkey in an international application filed under the Madrid Protocol; this application has the same effects as an application filed directly with the Office (SMK Article 14(1)).
How are classes selected?
Goods and services are specified according to the Nice Agreement classification, which consists of 45 classes, and the Office may make the necessary corrections to the class numbers (SMK Article 11(3)). The fact that goods or services are in the same class does not create a presumption that they are similar, and the fact that they are in different classes does not create a presumption that they are not similar (Article 11(4)). Until registration, the application may be divided into two or more applications with respect to the goods and services (Article 11(5)).
Why does a search for similar trademarks matter?
Signs that are identical with, or so similar as to be indistinguishable from, a trademark registered or applied for at an earlier date for the same goods and services or goods and services of the same type are refused in the Office's examination (SMK Articles 5(1)(ç) and 16(1)). Similar trademarks where there is a likelihood of confusion (karıştırılma ihtimali), by contrast, are refused on relative grounds (nispi ret nedenleri) upon opposition by the owner of the earlier trademark (Article 6(1)). A search carried out before the application makes it possible to see these refusal and opposition risks in advance.
| Topic | Direct application to the Office | International application under the Madrid Protocol |
|---|---|---|
| Where to apply | Turkish Patent and Trademark Office (SMK Article 11) | Turkey is designated in the international application (SMK Article 14) |
| Legal effect | Examination by the Office, publication and registration (Articles 16 and 22) | Same effects as an application filed directly with the Office (Article 14(1)) |
| Time of filing | If there is no formal deficiency, the date, hour and minute of receipt (Article 15(1)) | The first hour and minute of the international application date (Article 14(1)) |
| Fees | The application fee is paid with the application (Article 11(1)(ç)) | Fees for the Office's procedures are set by communiqué (Article 14(3)) |
What stages does the application go through, and how long does it take?
The application goes through 5 stages: formal examination, examination on absolute grounds for refusal (mutlak ret nedenleri), publication in the Official Trademark Bulletin and the 2-month opposition period, examination of any oppositions, and registration (SMK Articles 15, 16, 18, 19 and 22). The Law does not set an overall time frame; files that receive an opposition take longer.
If there is a formal deficiency, the applicant is given 2 months; an application whose deficiencies are not remedied in time is removed from processing (SMK Articles 15(1) and 15(3)). Where the deficiency concerns the identification details, the representation of the trademark, the list of goods and services or the application fee, the filing date is fixed as of the date, hour and minute on which the deficiency is remedied (Article 15(2)).
After publication and until registration, anyone may submit written observations that the application cannot be registered on absolute grounds for refusal, but does not thereby become a party to the proceedings (SMK Article 17). An application that has completed all stages is entered in the register and published in the Bulletin if information that the registration fee has been paid is submitted in time; if the fee is not paid, the application is removed from processing (Article 22(1)).
| Stage | What happens? | Time limit and legal basis |
|---|---|---|
| 1. Formal examination | The application requirements are checked | 2 months to remedy deficiencies (SMK Article 15) |
| 2. Examination on absolute grounds | Distinctiveness, descriptiveness and identical or indistinguishably similar trademarks are examined | SMK Articles 5 and 16 |
| 3. Publication | The application is published in the Bulletin; third parties may submit observations until registration | SMK Articles 16(2) and 17 |
| 4. Opposition to publication | Interested persons file oppositions; the Office examines them | 2 months from publication (SMK Articles 18 and 19) |
| 5. Registration | The registration fee is paid; the trademark is entered in the register and published in the Bulletin | SMK Article 22 |
How is an opposition to publication filed?
An opposition claiming that an application published in the Bulletin should not be registered under Article 5 or 6 is filed within 2 months of the publication date; the opposition must be in writing and reasoned, and the fee must be paid within the same period and information that it has been paid submitted to the Office (SMK Article 18).
Oppositions are mostly based on a likelihood of confusion with an earlier trademark (Article 6(1)), a well-known mark (tanınmış marka) (Article 6(4)–(5)), rights based on unregistered use (Article 6(3)) or bad faith (kötüniyet) (Article 6(9)). The Office obtains the applicant's observations and, where necessary, may encourage the parties to settle in accordance with the provisions of Law No. 6325 on Mediation in Civil Disputes (Articles 19(1) and 19(4)).
If the trademark on which the opposition is based has been registered in Turkey for at least 5 years on the date of the opposed application, the applicant may ask the opponent to prove that the trademark has been put to genuine use in the last 5 years; if this is not proven, the opposition is rejected (SMK Article 19(2)).
| Type | Who, against what? | Time limit or authority |
|---|---|---|
| Opposition to publication | Interested persons; against a published application (grounds in Articles 5 and 6) | 2 months from publication (SMK Article 18) |
| Third-party observations | Anyone; on absolute grounds for refusal other than Article 5(1)(ç) | Until registration; the person submitting observations does not become a party (SMK Article 17) |
| Appeal against a decision | The party adversely affected by a decision of the Office | 2 months from notification (SMK Article 20) |
| Action against the final decision | Against the Office's final decision | Ankara Intellectual and Industrial Property Rights Civil Court (SMK Article 156(2)) |
| Request for proof of use | The applicant; against an opposition based on a trademark registered for at least 5 years | During examination of the opposition (SMK Article 19(2)) |
What can be done against a refusal decision?
A party adversely affected by a decision of the Office may file an appeal (itiraz) with the Office, in writing and with reasons, within 2 months of the date of notification of the decision; after the appeal period, the grounds cannot be changed and no new grounds may be added (SMK Article 20).
Appeals without formal deficiencies are examined by the Office's Re-examination and Evaluation Board (Kurul), which issues the Office's final decision (SMK Article 21). In actions filed against any decision taken by the Office under the SMK, the court with subject-matter and territorial jurisdiction is the Ankara Intellectual and Industrial Property Rights Civil Court (Article 156(2)).
If the refusal concerns only some of the goods and services, the application proceeds for the remaining goods and services (SMK Articles 16(1) and 19(3)). If the ground for refusal is an earlier trademark, the application cannot be refused under Article 5(1)(ç) when a notarized letter of consent (muvafakatname) from the owner of the earlier trademark is submitted (Article 5(3)).
How long does trademark protection last, and how is it renewed?
The protection period of a registered trademark is 10 years from the filing date, and it is renewed in 10-year periods (SMK Article 23(1)).
The renewal request is made within the 6 months before the date on which the protection period expires, and information that the fee has been paid is submitted within the same period; if this period is missed, renewal may be made with an additional fee within 6 months from the expiry date (Article 23(2)). A trademark may also be renewed for only some of the goods and services; renewal takes effect from the day following the day on which the previous period ends (Articles 23(3) and 23(5)).
The right in a trademark that is not renewed in time ends (SMK Article 28(1)(a)). An application for a trademark identical or similar to a non-renewed trademark is refused upon opposition by the owner of the earlier trademark if it is filed within 2 years of the expiry of the protection period and the earlier trademark was used during that period (Article 6(8)).
| Topic | Period | Legal basis |
|---|---|---|
| Protection period | 10 years from the filing date; renewed in 10-year periods | SMK Article 23(1) |
| Ordinary renewal period | The 6 months before expiry | SMK Article 23(2) |
| Renewal with additional fee | The 6 months after expiry | SMK Article 23(2) |
| Obligation to use | Genuine use within 5 years from registration; no uninterrupted suspension of use for 5 years | SMK Article 9(1) |
| Acquiescence | An owner who has remained silent for 5 years about the use of a later trademark cannot request invalidation unless there is bad faith | SMK Article 25(6) |
What actions can be brought if my trademark is used without permission?
Using the trademark in the ways set out in Article 7 without the trademark owner's permission, or imitating the trademark by using it or a sign so similar as to be indistinguishable from it, constitutes infringement of the trademark right (SMK Article 29(1)). The right holder may ask the court for a declaration of the infringement, its prevention, cessation and removal, compensation for material and non-material damage, seizure of the products and publication of the final judgment (Article 149(1)).
Lost profit is calculated, at the right holder's choice, by one of 3 methods: the probable income that would have been earned had there been no infringement, the infringer's net profit, or the licence fee that would have been payable under a lawful licence agreement (SMK Article 151(2)). A preliminary injunction (ihtiyati tedbir) may also be requested to stop the infringement and seize the products (Article 159).
An infringement action is filed at the court of the claimant's place of residence or of the place where the unlawful act was committed or its effects were felt; if the claimant has no place of residence in Turkey, the court of the place where the business address of the representative recorded in the register is located has jurisdiction (SMK Article 156(3)–(4)). The limitation provisions of the Turkish Code of Obligations apply to civil law claims (Article 157).
Can trademark infringement lead to criminal proceedings?
A person who, by infringing another's trademark right through counterfeiting or imitation, produces, sells, imports or exports goods, or holds them for commercial purposes, is punished with imprisonment from 1 to 3 years and a judicial fine of up to 20,000 days (SMK Article 30(1)). The investigation is subject to a complaint; no penalty is imposed on a person who sells counterfeit goods if that person discloses where the goods were obtained and enables the producers to be identified (Article 30(6)–(7)).
| Route | What can be requested? | Legal basis |
|---|---|---|
| Civil action | Declaration, prevention, cessation, removal, material and non-material compensation, seizure, publication of the judgment | SMK Article 149 |
| Calculation of compensation | Actual loss and lost profit; profit is calculated by one of 3 methods | SMK Articles 150 and 151 |
| Preliminary injunction | Stopping the infringement, seizure of the products, security | SMK Article 159 |
| Criminal route | Upon complaint; 1–3 years' imprisonment and a judicial fine of up to 20,000 days | SMK Article 30 |
| Invalidation action | If a trademark is registered in the infringer's name, invalidation by the court | SMK Article 25 |
What is revocation for non-use?
A trademark is revoked for non-use (kullanmama nedeniyle iptal) if, without a justified reason, it has not been put to genuine use in Turkey for the goods or services for which it is registered within 5 years from the registration date, or if its use has been suspended for an uninterrupted period of 5 years (SMK Article 9(1)). The revocation request is filed with the Office by interested persons, and the Office decides on it (Article 26(1)–(2)).
Use of the trademark with different elements that do not alter its distinctive character, use on goods or their packaging solely for export purposes, and use with the trademark owner's consent also count as use (Article 9(2)–(3)). Genuine use that begins after the 5-year period has expired and before the revocation request leads to the rejection of the request; however, use begun within the 3 months preceding the request in contemplation of a revocation request is disregarded (Article 26(4)).
A revocation decision takes effect from the date on which the revocation request was submitted to the Office; upon request, it may also be decided that it takes effect from an earlier date on which the ground for revocation arose (SMK Article 27(2)). Unlike revocation, invalidation is decided by the court where one of the grounds in Article 5 or 6 exists, and the trademark is deemed never to have been protected from the filing date (Articles 25(1) and 27(1)).
Frequently asked questions
References
- Industrial Property Law No. 6769 (Sınai Mülkiyet Kanunu) (Articles 3–7, 9, 11, 12, 14–23, 25–30, 149–151, 156, 157, 159) — Legislation Information System (Mevzuat Bilgi Sistemi) (accessed: )