# 10 Problems Faced by Companies That Skip Trademark Registration

> The risks of not registering a trademark in Turkey: losing the name, rebranding, weak lawsuits, no criminal or customs route, marketplace limits, and 6 more.

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- Last updated: 2026-10-11
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The risks of not registering a trademark can be summed up like this: **an unregistered business can keep using its name but cannot protect it against others, and whoever registers the same name first can demand that the use stop.** The problems usually surface once the name has gained value: a cease-and-desist letter, a forced rebrand, a weak lawsuit, and criminal, customs and marketplace tools that stay closed.

Each of the 10 problems below follows the same pattern: how it arises, what the consequence is, what the legal basis is and how to prevent it. The business and brand names in the scenarios are made-up examples used for illustration; at the end, all ten problems are gathered in a single table.

## Where Do the Risks of Not Registering a Trademark Come From?

The risks flow from a single rule: under Article 7(1) of the Industrial Property Law No. 6769 (SMK), trademark protection is acquired through registration, and the rights arising from registration belong exclusively to the trademark owner (Article 7(2)). The owner of an unregistered sign has none of these rights automatically; all that is left is the ability to oppose by proving an earlier right (Article 6(3)) and to rely on the unfair competition provisions of the Turkish Commercial Code.

Operating without registration is not prohibited, but that choice has a practical price. The ten problems below fall into three groups: the risk of losing the name, the tools that stay closed against copycats, and the obstacles to growth.

## How Does the Risk of Losing Your Name Arise?

The first three problems concern the name you use passing, or threatening to pass, legally to someone else. What they have in common is that the trouble starts with a filing you never noticed.

### 1. Someone else registers your name and demands that you stop using it

**How it happens:** Example: a business that has been roasting coffee under the name "Kavrena" for three years learns from a cease-and-desist letter that the same name has been registered in someone else's name for coffee products. **Consequence:** the registered owner can demand that use creating a likelihood of confusion be prevented and stopped, and the letter may be followed by a lawsuit.

**Legal basis:** the rights arising from registration belong exclusively to the trademark owner (Article 7(2) SMK), and use of the name as a trade name or business name can also be prohibited (Article 7(3)(e)). The business's defense is to seek invalidation of the registration on the basis of its earlier use (Articles 6(3) and 25), which means evidence, deadlines and litigation costs. **Prevention:** file before you start using the name and monitor the Official Trademark Bulletin; similar applications can be opposed within two months of publication (Article 18). We set out the routes that remain open, with a decision table, in our guide on what to do when [someone registered my brand name](https://www.webx.net.tr/en/blog/someone-registered-my-brand-name).

### 2. You end up fighting bad-faith filings

**How it happens:** Example: a jewelry brand called "Mirafe" that is quickly gaining recognition on social media discovers that an unrelated person has filed for its name, and soon afterward receives an offer to sell the name back to it. **Consequence:** the business must either pay or win the right back through opposition and litigation; both routes take time and money.

**Legal basis:** applications filed in bad faith are refused on opposition (Article 6(9) SMK); if the mark has already been registered, invalidation can be sought in court on the same ground, and the five-year acquiescence rule does not protect a registration made in bad faith (Article 25(6)). Bad faith, however, has to be proven. **Prevention:** file early. The Office refuses on its own motion later applications that are identical or indistinguishably similar to your earlier application or registration for identical or same-type goods and services (Article 5(1)(ç)). You can find the typical patterns of bad faith in our article on [bad-faith trademark filings](https://www.webx.net.tr/en/blog/bad-faith-trademark-filings).

### 3. You bear the cost of rebranding

**How it happens:** Example: a manufacturer selling cleaning products under the name "Solvane" loses a dispute and is forced to change its name. **Consequence:** signage, packaging, labels, catalogs, vehicle graphics, the domain name, social media accounts and advertising campaigns all have to be redone, and the business may lose sales and reputation until customers connect the new name with the old product.

**Legal basis:** if infringement is established, the rights holder can ask for the infringing goods to be seized, for the marks on them to be removed and, where unavoidable, for their destruction (Article 149(1)(d) and (f) SMK). That is why inventory sitting in the warehouse is the least visible cost of rebranding. **Prevention:** search the register before you spend money on a name. You can do the first screening with our free [trademark search](https://www.webx.net.tr/en/hizmetler/marka-sorgulama) tool; the absence of an exact match is not a guarantee of registration, and similar entries must be assessed separately.

## Which Tools Stay Closed Against Copycats?

The next four problems concern how weak your hand is once your name is copied. Most of the tools a registered owner relies on depend, by law or in practice, on registration.

### 4. You cannot bring an SMK infringement action against a copycat

**How it happens:** Example: the name and packaging of a handmade soap brand called "Pirlova" are copied almost exactly by a competitor. **Consequence:** without a registration, no trademark infringement action can be brought, and the business is forced to rely on unfair competition provisions instead.

**Legal basis:** against the infringing acts listed in Article 29 SMK, a registered owner can ask the court for a declaration, prevention, cessation, material and moral damages, seizure and publication of the judgment, among other claims (Article 149). In an unfair competition action, by contrast, you must separately prove that the name identifies you in the market, that the competitor's use causes confusion, and when your own use began. **Prevention:** do not delay filing, and keep dated evidence of use until registration. We explain the routes open to the owner of an unregistered sign in our guide to [using an unregistered trademark](https://www.webx.net.tr/en/blog/using-an-unregistered-trademark).

### 5. You cannot file a criminal complaint

**How it happens:** Example: counterfeits of a phone accessories brand called "Tekzu" are being sold wholesale out of a warehouse. **Consequence:** because the mark is not registered, no complaint can be filed with the prosecutor for the trademark infringement offense, and the criminal route, with its search and seizure powers, stays closed.

**Legal basis:** Article 30(1) SMK provides for imprisonment of one to three years and a judicial fine of up to twenty thousand days for anyone who infringes a trademark right by copying or by creating confusion and who manufactures, sells, imports, exports or holds goods for commercial purposes. Under Article 30(5), however, these penalties can only be imposed if the mark is registered in Turkey, and prosecution depends on a complaint (Article 30(6)). **Prevention:** registration. You can find the elements of the offense in our article on [trademark infringement criminal penalties](https://www.webx.net.tr/en/blog/trademark-infringement-criminal-penalties-in-turkey).

### 6. You cannot stop counterfeits at customs

**How it happens:** Example: counterfeits of a kitchenware brand called "Ternova" are being shipped in by container from abroad. **Consequence:** the goods cannot be stopped at the border, and once they are distributed inside the country they have to be tracked down point of sale by point of sale.

**Legal basis:** customs measures rest on registered industrial property rights and do not work automatically; the trademark owner must apply to the customs administration in advance and provide information that lets officers tell the original product from a counterfeit. This mechanism is not available for an unregistered sign. **Prevention:** registration, followed by a customs application that is kept up to date. We describe the process in our guide to [customs seizure of counterfeit goods](https://www.webx.net.tr/en/blog/customs-seizure-of-counterfeit-goods).

### 7. You are shut out of marketplace brand enrollment and complaint tools

**How it happens:** Example: other sellers attach counterfeit products to the product page of a stationery brand called "Bilyaz." **Consequence:** the brand cannot apply to the platform's brand protection program or back its infringement report with a strong document; the listings stay live and control over pricing and the customer experience is lost.

**Legal basis:** intellectual property complaints on marketplaces rest on information and documents, and the strongest document for a trademark right is a registration from TÜRKPATENT (Turkish Patent and Trademark Office). Most brand programs require a registration, and some accept a pending application under certain conditions; the requirements vary by platform. **Prevention:** file before you start selling, and enroll in the programs once the mark is registered. How to build a complaint file is covered in our article on [counterfeit complaints on marketplaces](https://www.webx.net.tr/en/blog/counterfeit-complaints-on-marketplaces).

## Why Do Growth and Investment Become Harder?

The last three problems appear once a business decides to grow. Licensing, investment and exports all require you to document who owns the brand on the register.

### 8. You cannot build a solid license, franchise or dealership agreement

**How it happens:** Example: a café chain called "Mokasu" wants to grant franchises in two cities, but without a registration the trademark clauses of the agreement rest on no register entry. **Consequence:** the license cannot be recorded, and if a franchisee or a dealer files for the name in its own name, the whole chain is affected.

**Legal basis:** under Article 24 SMK, trademark rights can be the subject of a license agreement for the goods and services for which the mark is registered, and rights arising from legal transactions not recorded in the register cannot be relied on against third parties acting in good faith (Article 148(5)). Authorized use by a licensee also counts as use by the trademark owner (Article 9(3)). **Prevention:** register in the relevant classes before franchise and dealership talks begin. The trademark clauses of the agreement are covered in our guide to [trademarks in franchising](https://www.webx.net.tr/en/blog/trademarks-in-franchising).

### 9. The brand counts for nothing in investment, acquisition and credit deals

**How it happens:** Example: during due diligence, a food startup called "Zeytinera" that is in investment talks is asked for its trademark registration certificate. **Consequence:** the brand cannot be valued as a transferable right; the investor may make completion of the registration a condition or price the uncertainty into the deal. The same problem arises in financing talks where the brand is meant to be pledged or offered as security.

**Legal basis:** under Article 148(1) SMK, a trademark can be assigned, pledged, given as security and attached; an assignment agreement must be notarized (Article 148(4)), and these rules also apply to applications (Article 148(8)). For an unregistered sign, these transactions have no counterpart in the register. **Prevention:** before an investment or a sale is on the table, register the brand in classes that cover your business and in the name of the right owner. We run the numbers comparing the cost of registration with the asset it creates in our article asking [whether trademark registration is an investment or a cost](https://www.webx.net.tr/en/blog/is-trademark-registration-an-investment-or-a-cost).

### 10. You have no basic application abroad, and a distributor can register your brand in its own name

**How it happens:** Example: a textile manufacturer called "Lofteva" starts working with a distributor in a Gulf country, and the distributor files for the brand in its own name there. **Consequence:** the distributor becomes the owner of the mark on that market's register, and the manufacturer may face objections when it wants to work with a new distributor or sell under its own name. Having no application in Turkey, it cannot file an international application through the Madrid system either.

**Legal basis:** an international application under the Madrid Protocol rests on a basic application or registration with the office of origin; for a business established in Turkey, that is a TÜRKPATENT application. The remedies against an unauthorized filing abroad depend on the law of that country. If the same thing happens in Turkey, an unauthorized application by a commercial agent or representative is refused on the trademark owner's opposition (Article 6(2) SMK), and if the registration has already been granted, the owner can ask the court to prohibit its use and transfer the registration (Article 10); but these also mean oppositions, lawsuits and delay. **Prevention:** file in Turkey first, plan your target countries within the six-month priority period, and sign the distribution agreement after you have filed in the target country. The details are in our guide to [protecting your trademark with foreign distributors](https://www.webx.net.tr/en/blog/protecting-your-trademark-with-foreign-distributors).

## Summary Table of the 10 Problems: What Changes With Registration?

The table below shows at a glance which right or tool each problem shuts off and what changes once the mark is registered:

| Problem | Right or tool lost without registration | What changes with registration? |
| --- | --- | --- |
| 1. Someone else registers the name | Documented proof of priority | The filing date fixes priority; similar applications can be opposed (Articles 6(1) and 18) |
| 2. Bad-faith filings | Protection through refusal on the Office's own motion | Identical or indistinguishably similar later applications are refused automatically (Article 5(1)(ç)) |
| 3. Rebranding | Security for the money spent on the name | Packaging, signage and advertising are tied to a protected name |
| 4. A weak civil lawsuit | An SMK infringement action and its claims | Declaration, cessation, damages, seizure (Articles 29 and 149) |
| 5. Criminal complaint | The trademark infringement offense | A right to file a complaint arises (Article 30(5)–(6)) |
| 6. Customs | A border detention application | An application can be filed with customs based on the registration |
| 7. Marketplaces | Brand programs and documented complaints | Enrollment and reporting with the registration certificate |
| 8. Licensing and franchising | A license recorded in the register | The license is recorded and can be relied on against third parties (Articles 24 and 148(5)) |
| 9. Investment and financing | A right that can be assigned and pledged | Assignments, pledges and security interests are recorded (Article 148) |
| 10. Abroad and distributors | A Madrid basic application and priority | An international application and six-month priority become possible |

## How Can These Problems Be Prevented?

Most of these problems are prevented by a single sequencing rule: file before you spend money on the name and before the name leaves the company. In Turkey, priority between two applications is determined by the date, hour and minute each was received (Article 15(1)). The practical order is:

1. **Search the name:** screen identical and similar entries for spelling, pronunciation and meaning.
2. **Define the scope:** list the goods and services you sell today and those you will genuinely launch in the near term, grouped by class.
3. **File in the right name:** decide between an individual and a company as owner by thinking about who should hold the brand in the future.
4. **Monitor the Bulletin:** do not miss the two-month opposition period against similar applications.
5. **Tie your contracts to the registration:** put the trademark clauses of franchise, dealership, distribution and design work in writing.
6. **Put foreign markets on the calendar:** if you plan to export, choose your target countries within the six-month priority period.

Applications that face no opposition or refusal usually end in registration within 6–12 months, while the application itself fixes your priority from day one. Whether registration is a legal obligation at all, along with a short decision checklist on when to file, is covered in our article on whether [trademark registration is mandatory](https://www.webx.net.tr/en/blog/is-trademark-registration-mandatory).

## Conclusion

- The risks of not registering a trademark flow from one source: SMK trademark protection is acquired through registration, and the rights belong to the owner on the register.
- The costliest problems involve losing the name: someone else's registration, bad-faith filings and rebranding.
- Infringement actions, criminal complaints, customs detention and marketplace programs are the tools of a registered trademark.
- Licensing, franchising, investment and exports all require you to document who owns the brand on the register.
- Most of these problems are prevented by searching and filing before any money is spent on the name.

### Would you like to protect your brand before these problems arise?

Working with trademark attorneys authorized before TÜRKPATENT, Webx handles [your trademark application](https://www.webx.net.tr/en/hizmetler/marka-tescil) in a single file from the preliminary search through to registration; it follows opposition proceedings before the Office in its capacity as trademark attorney and works with partner lawyers when a matter goes to court. Tell us the name you use and your line of business, and we will identify the risky entries and the right classes together before you file.

## Sources

- [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Art. 6(2), 6(3), 6(9): relative grounds; Art. 7: rights conferred by registration; Art. 24: licensing; Art. 30(5): registration required for criminal penalties; Arts. 148–149: legal transactions and infringement claims
- [Turkish Commercial Code No. 6102](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6102&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr)
- [WIPO — The Madrid System (international trademark registration)](https://www.wipo.int/en/web/madrid-system) (wipo.int)

## Frequently Asked Questions

### Can I send a cease-and-desist letter to a competitor using my unregistered mark?

Yes. You do not need a registration to send a cease-and-desist letter, but the demand of an unregistered sign owner rests not on the Industrial Property Law but on the unfair competition provisions of the Turkish Commercial Code. If the other side does not stop, you will have to prove in court that the name identifies you in the market and that the other use causes confusion. Filing your own trademark application at the same time strengthens your position against later infringements.

### Can I keep using my name if someone else has registered it?

That is risky. Under Article 7(2) SMK, the registered owner can demand that use creating a likelihood of confusion be prevented, and continuing to use the name can lead to claims for damages, seizure and destruction. If you can prove you used the name before the other party's filing date, an invalidation route may be open. Before you reply to a cease-and-desist letter, gather your evidence and have a trademark attorney assess your position.

### Do all of these problems go away once I file an application?

No, but most of them shrink. The application fixes your priority as of the date, hour and minute it is received and puts you ahead of later similar applications. Trademark rights, however, take effect against third parties from publication of the registration, and a criminal complaint or a customs application has to wait for registration. Applications that face no opposition or refusal are usually registered within 6–12 months.

### If I am forced to rebrand, can I still sell my existing inventory?

That depends on the registered owner's stance and on how the dispute ends. If infringement is established, the rights holder can ask for the goods to be seized, for the marks on them to be removed and, where unavoidable, for their destruction (Article 149 SMK). The parties can also agree on a transition period to sell off the stock; such an agreement should be made in writing, with its duration and scope clearly defined.

### Can an unregistered trademark be offered as collateral for a loan?

A pledge can only be recorded in the TÜRKPATENT register against a registered trademark or a trademark application; Article 148 SMK governs these transactions for industrial property rights and applications. Because an unregistered sign cannot be entered in the register, a lender will find it hard to treat it as a separate asset. If you plan to use your brand as collateral, file first and complete the registration.

### What happens if my distributor registers my trademark abroad in its own name?

In that country the distributor becomes the owner of the mark on the register and can object to the sale of your products or to your working with a new distributor. The remedies against an unauthorized filing depend on that country's law and usually require an opposition or a lawsuit. In a similar situation in Turkey, Article 6(2) SMK provides an opposition and Article 10 lets you ask the court to prohibit use and transfer the registration to you.

### Do these risks really matter for a small business?

Yes. The risks depend less on the size of the business than on how visible the name is and how much money has been tied to it. The moment a small business's name appears on a marketplace, on social media or on a storefront sign, it is exposed to someone else's filing. And because rebranding and legal costs can consume a large share of a small business's budget, filing early matters all the more.

## Related Resources

- [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate.
- [Trademark Search](https://www.webx.net.tr/en/hizmetler/marka-sorgulama): Provides a free tool and method for checking whether a brand name is registrable by searching similar and registered trademarks.
- [Using an Unregistered Trademark in Turkey: Risks, Rights and Remedies](https://www.webx.net.tr/en/blog/using-an-unregistered-trademark): Using an unregistered trademark in Turkey is legal, but protection is weak. Unfair competition, opposition, invalidation, criminal law and 8-point comparison.
- [Someone Has Registered My Brand Name — What Can I Do?](https://www.webx.net.tr/en/blog/someone-registered-my-brand-name): If someone else has registered the name you use, invalidation, revocation for non-use and earlier-use rights may be open. Which route works, and when.
- [Is Trademark Registration Mandatory? The Legal and Practical Reality](https://www.webx.net.tr/en/blog/is-trademark-registration-mandatory): Is trademark registration mandatory in Turkey? Legally no, but protection comes from registration. Rights compared, 5 cases where it is a must, and timing.
- [Bad-Faith Trademark Filings in Turkey: How to Spot and Cancel Them](https://www.webx.net.tr/en/blog/bad-faith-trademark-filings): How to spot a bad-faith trademark filing in Turkey: SMK Article 6(9) opposition, invalidation, transfer claims against distributors, evidence and deadlines.
- [Customs Seizure of Counterfeit Goods: The Brand Owner's Shield](https://www.webx.net.tr/en/blog/customs-seizure-of-counterfeit-goods): How does customs seizure of counterfeits work? A brand owner's customs application, detention deadlines, the destruction process and export-side risks.
- [Is Trademark Registration an Investment or a Cost?](https://www.webx.net.tr/en/blog/is-trademark-registration-an-investment-or-a-cost): Is trademark registration an investment? In Turkey the official 10-year cost for one class is TRY 9,830 in 2026. The rights it buys, the cost of skipping it.