A marketplace counterfeit complaint is a legal route for the owner of a registered trademark to report an infringing listing and have it taken down. Under Art. 9(3) of Law No. 6563 on the Regulation of Electronic Commerce, a marketplace removes the product upon the right holder's complaint based on information and documents; the Regulation sets a maximum of 48 hours for this. If the seller objects with documents, the product can go back online; so the outcome depends on the strength of the file you submit with the complaint.
The sections below cover, in order, the legal basis of the complaint, platform channels, the right route for each type of infringement, a complaint file checklist, test purchases, the risks of an unjustified complaint, and the steps to take when the seller objects.
What Is the Legal Basis for a Counterfeit Complaint?
The basis has two layers: Art. 9(3) of Law No. 6563 sets up the mechanism, and the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (Elektronik Ticaret Aracı Hizmet Sağlayıcı ve Elektronik Ticaret Hizmet Sağlayıcılar Hakkında Yönetmelik; Official Gazette of 29 December 2022) sets out the procedure and time limits. The Law calls the marketplace an "electronic commerce intermediary service provider" and the store an "electronic commerce service provider."
Under the Law, the marketplace removes the product upon a complaint of intellectual or industrial property infringement based on information and documents, and notifies the seller and the right holder. If the seller submits an objection based on information and documents showing the contrary, the product is put back online. Both parties keep their right to go to the courts and administrative authorities; the platform process is not a trial but a fast preliminary filter.
The substantive right itself comes from Industrial Property Law No. 6769 (SMK). Trademark protection is obtained through registration (Art. 7(1)); affixing the mark to goods or packaging, offering goods bearing the sign for sale, and using it online in a way that has commercial effect can be prohibited when done without permission (Art. 7(3)). Selling these products while knowing, or being in a position to know, that they are counterfeit is also infringement (Art. 29(1)(c)).
How does the process work, step by step?
| Stage | Who acts? | Rule in the Regulation |
|---|---|---|
| Complaint | Right holder or representative | Via the internal communication system, a notary or registered electronic mail (KEP); not processed if mandatory elements are missing (Art. 12(1)-(2)) |
| Takedown | Marketplace | Within 48 hours at the latest of receiving the application; the seller is told how to object (Art. 12(3)) |
| Objection | Seller | With the invoice and documents showing the supply chain (Art. 13) |
| Reinstatement | Marketplace | Within 24 hours at the latest if the documents clearly show the objection is justified (Art. 14(1)) |
Two further rules matter. Unless new supporting documents are submitted, a repeat complaint about the same product and the same claim is not processed (Art. 14(2)). The marketplace's review is also limited to the documents submitted (Art. 14(3)). The upshot: adding evidence you left out of the first file usually means opening a new dispute.
The Platform's Own Reporting Channel or the Regulation Route?
Usually they are the same door: the Regulation accepts complaints made through the marketplace's internal communication system. The infringement reporting pages and brand protection programs that large marketplaces offer to trademark owners are part of this system. A notary or KEP is a strong alternative when the internal channel does not respond or you want the application date officially documented.
Platforms' application screens, required fields and brand program conditions change over time; check the marketplace's current infringement page before applying. For example, according to its official page, Amazon Brand Registry accepts a registered trademark, or in some cases a trademark application, issued by the designated trademark office of a country where there is an Amazon store, and gives enrolled brands a reporting tool called "Report a Violation." Why marketplaces treat the registration certificate as a basic requirement is explained in our article on trademark registration for Trendyol and Hepsiburada sellers.
For the statutory procedure in Turkey, the decisive document is the registration certificate issued by TÜRKPATENT (Turkish Patent and Trademark Office). For copyright, the Regulation lists the banderole form of the Ministry of Culture and Tourism or an activity certificate from a collecting society. A claim that cannot rely on one of these documents, such as an unregistered design, may fall outside the Regulation's fast-track procedure; the court route under general provisions then comes to the fore.
Which Route Fits Which Type of Infringement?
Before complaining, name the infringement correctly; not every "unauthorized sale" is a counterfeit. The table below summarizes common situations and the appropriate route:
| Situation | Counterfeit? | Appropriate route |
|---|---|---|
| A product bearing your mark that you did not make | Yes | Platform complaint; at commercial scale, a criminal complaint or preliminary injunction |
| Resale of a genuine product put on the market by you or with your consent | No | As a rule cannot be stopped (SMK Art. 152); only the altered-goods exception applies |
| Genuine product, but with damaged packaging or removed codes | Debatable | Complaint documenting the alteration; Art. 152(2) |
| Product sold under a similar but different sign | Likelihood-of-confusion issue | Warning letter, registry routes, lawsuit; platform review is limited |
| Unauthorized use of your product photos | Copyright issue | The platform's copyright notice; general provisions |
| Overproduction by a contract manufacturer | Often yes | Complaint and contractual remedies together |
Where the line is drawn for the resale of genuine goods is covered in detail in our article on trademark exhaustion and parallel imports. For ways to close off the overproduction risk by contract, see our guide to trademark and packaging rights in contract manufacturing.
The Complaint File: A Checklist
Art. 12(1) of the Regulation lists four mandatory elements: a document showing ownership of the right; the applicant's identity and contact details; the grounds and evidence of the infringement and the product's web address; and a declaration that you are liable for any damage arising from untrue information. In practice, a strong file is prepared through the following steps:
- Registry check: Confirm from the current registry record that the mark is registered, that its term of protection is still running and that the owner's name matches the complainant. If your company name has changed but the registry has not been updated, fix that first.
- Scope match: Show that the counterfeit is one of the goods on the registered list of goods. The class number alone is not enough; under SMK Art. 11(4), being in the same class does not create a presumption of similarity.
- Authorization document: If a representative, employee or distributor is applying, attach the document showing the authority to act.
- Listing record: Record the full URL of each listing, the store name, the price and the product images with the date and time visible.
- Test purchase: Buy the product; keep the invoice, the shipping label and the packaging.
- Comparison report: Show the differences between the genuine and the suspect product (label, serial code, printing, material, packaging) with photos and short explanations.
- Statement of grounds: Explain in two or three paragraphs which sign is being used, for which goods and in breach of which SMK provision.
- Liability declaration: Attach the declaration the Regulation requires and make sure every claim in the file is backed by a document.
A short outline for the statement of grounds
The statement should be clear enough for a platform employee to decide on in a few minutes. Follow this order: (1) the right: "[Mark] is registered with TÜRKPATENT under [registration no.] for [the relevant goods on the list of goods]"; (2) the listing: "The product at [URL] bears this sign"; (3) the infringement: "The product was not made or authorized by us; our test purchase revealed the following differences"; (4) the request: "Removal of the listing." Emotional language, accusations against a competitor and undocumented guesses do not strengthen the file; they strengthen the other side's hand in the objection.
Why Are Test Purchases and Evidence Security Decisive?
A test purchase documents both the seller's identity and the fact that the product really is a counterfeit. The listing image is often a photo of the genuine product; only the item that reaches your hands shows the difference. Since the seller will object with an invoice and supply chain documents, you need a comparison based on the physical product.
Buy in the company's name with an invoice; photograph or film the packaging as you open it. The shipping label, the sender's address and the delivery note are valuable leads for later tracing the production or storage source. If litigation is likely, having the listings recorded by a notary or through a court evidence determination increases the reliability of the evidence. A second purchase from the same seller on a different date also shows that the infringement is continuing.
What Are the Risks of an Unjustified Complaint?
A complaint is a powerful tool, which is why the Law balances it with liability. The Regulation requires the complainant to declare that it is liable for damage caused by untrue information and documents. Having the listing of a store that sells genuine products taken down can lead to a damages claim for the seller's lost sales.
Art. 55(1)(a)(1) of Turkish Commercial Code No. 6102 (TTK) treats disparaging others or their goods through false or misleading statements as unfair competition. Spreading an unfounded "counterfeit" allegation to the platform or to customers may be assessed under this provision. In addition, complaints that target a competing seller merely because of price competition, that are aimed at products outside the scope of the registration, or that rely on an unused trademark can prompt the other side to seek invalidation or revocation.
What If the Seller Objects or the Listing Comes Back?
If the documents clearly show the objection is justified, the product goes back online and the platform process ends; from then on, the route is legal action under general provisions. The same seller relisting through different stores also shows that the platform process alone is not enough.
Read the invoice submitted with the objection carefully. Art. 13 of the Regulation asks the seller not just for an invoice, but for documents showing the chain running backwards from the seller to the right holder or to the person who put the product on the market with the right holder's consent. If the chain breaks at a wholesaler you do not know, the invoice shows only that the seller bought the product somewhere, not that it is genuine. This finding helps in the next legal step, both for arguing that the seller should have known and for reaching the source. The next options are:
- Warning letter: The fast way to stop use by individual sellers and to document the knowledge element; content and risks are covered in our article on how to write a trademark cease-and-desist letter.
- Evidence determination and preliminary injunction: SMK Art. 159 allows a right holder who proves that the infringement is continuing to ask the court for measures such as stopping the infringement and seizing the products.
- Criminal complaint: Offering for sale or storing goods by infringing a trademark through copying or creating a likelihood of confusion is a crime under SMK Art. 30(1). For criminal liability, the mark must be registered in Turkey (Art. 30(5)), and prosecution depends on a complaint (Art. 30(6)). A seller who discloses where it obtained the product and enables the manufacturer to be identified is not punished (Art. 30(7)); this provision is practical leverage for reaching the production source.
- Infringement action: The civil court route for claims to stop the infringement, for damages and for seizure.
- Border measures: If the counterfeits arrive through imports, consider the mechanism for customs seizure of counterfeit goods to intervene at the source earlier.
Fictional example: "Lunaria Kozmetik" (fictional) notices that counterfeits of its trademark, registered in Class 3 for skin serums, are being sold by three stores on a marketplace. The company makes a test purchase from each listing; it prepares a comparison documenting that the counterfeit bottles have no batch code and use a different label typeface, and it applies through the internal channel with its registration certificate. The listings are removed. One of the stores objects with an invoice from an unnamed wholesaler; Lunaria prepares a criminal complaint with a second test purchase and a serial code comparison, aiming to reach the production source through the wholesaler.
Common Mistakes
- Trying to rely on the Regulation procedure with an application number instead of a registration.
- Relying only on the listing image without a test purchase; the image is often of the genuine product.
- Complaining about products not covered by the registration.
- Reporting the resale of a genuine product as a counterfeit.
- Not following up on a removed listing; the same product can return under another store name.
- Settling for the platform process and not going after the production and wholesale distribution source.
- Filing the complaint from an employee's personal account without an authorization document; the application is treated as incomplete.
- Not asking for an invoice with the test purchase, or opening and discarding the packaging without recording it; the first link in the chain is lost.
Let's Build Your Complaint File Together
A counterfeit complaint delivers the fastest result when it is complete at the first application; if an objection comes, the same file forms the basis for a warning letter, an injunction and a criminal complaint. To assess your registration scope, your evidence and the seller profile together, you can reach us through Webx's legal protection service page.
Sources
- Legislation Information System — Law No. 6563 on the Regulation of Electronic Commerce (Art. 9(3): complaints and objections concerning intellectual and industrial property infringement)
- Legislation Information System — Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers (Arts. 12–14: complaint elements, 48- and 24-hour time limits)
- Legislation Information System — Industrial Property Law No. 6769 (SMK) (Arts. 7, 11(4), 29, 30, 152, 159)
- Legislation Information System — Turkish Commercial Code No. 6102 (TTK) (Art. 55(1)(a): unfair competition by disparagement)
- Amazon — Amazon Brand Registry (trademark requirement for enrollment and the Report a Violation tool)
