# Is a Domain Name the Same as a Trademark? Key Differences

> A domain name is not a trademark: one is a first-come address, the other a 10-year exclusive right in Turkey. Comparison table, .tr rules and Art. 7(3)(d) SMK.

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- Last updated: 2026-10-11
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A domain name and a trademark registration are not the same thing. **A domain name is an internet address obtained from a registrar for a set term on a "first come, first served" basis; a trademark registration is an industrial property right, examined by TÜRKPATENT (Turkish Patent and Trademark Office), that lets you exclude others for specific goods and services and is valid in Turkey for 10 years.** One is an address; the other is a right.

Below you will find the legal nature of each record, the allocation rules that have applied to .tr domains since 2022, a ten-point comparison table, the tools a trademark owner has when a domain name clash arises, and a checklist for securing the name on both sides on the same day.

## What Is a Domain Name and How Do You Get One?

A domain name means the human-readable internet address that leads to a website or an email server and is used in place of numeric IP addresses. Legally it is not a property right but a usage registration based on a contract with the registrar, valid for as long as the registration term runs.

Domain names are obtained through registrars, both under generic extensions such as .com and .net and under country-code extensions such as .tr. The basic rule is "first come, first served": within the same extension a given string can belong to only one person, and whoever registers it first gets it. As a rule, nobody checks at registration whether the applicant has any right to the name; the system only checks whether the name is available.

A domain name is registered for a set term, usually in yearly periods, and lapses if it is not renewed; once it lapses, anyone can register it again. Nor does a domain name need to be distinctive. For example, a purely descriptive address such as "tazekahve.com.tr" ("fresh coffee") can be registered without any problem as long as it is available (an illustrative name).

### What has changed for .tr extensions since 2022?

TRABİS, the system through which .tr domain names are allocated, was launched on 14 September 2022 by the Information and Communication Technologies Authority (BTK). Since then, extensions such as .com.tr, .net.tr and .org.tr can be allocated without any documents, on a "first come, first served" basis, while document-based allocation continues alongside it.

The practical consequence is this: anyone who shows neither a trademark registration nor company documents can register the .com.tr address that matches your brand before you do. So .com.tr is no longer an extension you can postpone on the assumption that "it requires documents anyway"; it should be secured on the same day as your main extension.

## What Is a Trademark Registration and What Right Does It Give You?

A trademark registration means entering a sign in the TÜRKPATENT register for specific goods and services and granting its owner an exclusive right over that sign, that is, a right to exclude others. Article 7(1) of Industrial Property Law No. 6769 (SMK) puts it plainly: "Trademark protection under this Law is obtained through registration."

Registration differs from a domain name on four fundamental points:

- **Examination:** The application goes through a formal examination and an examination on absolute grounds for refusal; an application that is not refused is published in the Official Trademark Bulletin and stays open to opposition for two months from publication (Article 18).
- **Scope:** Protection is limited to the goods and services selected under the Nice Classification; the same name may belong to someone else in different, unrelated fields.
- **Territory:** A TÜRKPATENT registration has effect only in Turkey; protection abroad requires separate applications in those countries.
- **Term and use:** Protection lasts 10 years from the filing date and is renewable for successive 10-year periods (Article 23(1)); a mark that is not put to genuine use within five years of registration without a valid reason becomes open to a revocation request (Article 9).

The owner of a registered trademark can prohibit uses that create a likelihood of confusion (Article 7(2)). Article 7(3) SMK lists use of the sign online as a domain name among those uses. In other words, a trademark is a right that can be asserted against a domain name, whereas a domain registration on its own does not create a right that can be asserted against a trademark.

## What Are the Differences Between a Domain Name and a Trademark Registration?

Put most simply, a domain name is an address and a trademark registration is a right. The table below summarizes the difference under ten headings:

| Criterion | Domain name | Trademark registration |
| --- | --- | --- |
| Legal nature | Usage registration based on a contract with the registrar | Exclusive industrial property right based on the SMK (Article 7) |
| Where do you get it? | Registrars; for .tr extensions, through the TRABİS system | TÜRKPATENT; via EPATS or through a trademark attorney |
| Examination of rights | As a rule, none; only availability is checked | Formal and absolute-grounds examination, Bulletin publication, 2-month opposition period |
| Distinctiveness requirement | None; descriptive addresses are registered too | Yes; descriptive and non-distinctive signs are refused (Article 5(1)(b) and (c)) |
| Scope | One string per extension; no distinction by goods or services | Limited to the selected Nice classes and list of goods and services |
| Territorial scope | Accessible from anywhere but provides no territorial legal protection | Turkey only |
| Term and use | For the registration term; lapses if not renewed; no obligation to use | 10 years from filing, renewable every 10 years; genuine use expected within 5 years |
| Can someone else get the same name? | Not under the same extension; yes under another extension or with a small spelling change | Possibly, for different and unrelated goods or services; well-known marks are an exception (Article 6(5)) |
| Position in a conflict | Registration alone does not create trademark rights | A basis for action against use as a domain name (Article 7(3)(d)) |
| Evidentiary value | The registration date only shows when the address was taken | The register entry shows the owner, scope and date of the right |

The two records also work differently on cost. The registrar sets the price of a domain name, and it is paid again for every term. For a trademark, under the TÜRKPATENT 2026 schedule of trademark fees, the single-class application fee is TRY 2,820 (item 02.01.01) and the registration fee is TRY 7,010 (item 02.01.03); the official total for a single-class mark comes to TRY 9,830. Current amounts should be checked against the TÜRKPATENT fee schedule, which is updated every year, and attorney service fees are not included in these figures.

### Descriptive domain, weak trademark

The most overlooked difference between the two systems is distinctiveness. A descriptive domain name chosen because it performs well in search engines often cannot be registered as a trademark: Article 5(1)(c) SMK lists signs that indicate the kind, quality or purpose of the goods among the absolute grounds for refusal. If you want your domain name and your trademark to match, you need to choose a distinctive name from the start; we explain how in our guide to [choosing a registrable brand name](https://www.webx.net.tr/en/blog/how-to-choose-a-brand-name).

## Does Registering a Domain Protect Your Brand, and Does a Trademark Guarantee the Domain?

The answer to both is no. Registering a domain name does not stop someone else from filing the same name as a trademark; domain registrations are not part of the examination TÜRKPATENT carries out on its own initiative. Nor does a trademark registration reserve the matching domain name for you; registrars do not automatically give priority to trademark owners, and the address goes to whoever comes first.

The one important exception is where the domain name is actually used in trade as a sign. Article 6(3) SMK allows a person who acquired rights in an unregistered mark or in a sign used in trade before the filing date to oppose a later application. We cover the conditions of that exception, how to prove it and typical scenarios separately in our article on [domain ownership and trademark rights](https://www.webx.net.tr/en/blog/does-owning-a-domain-give-trademark-rights).

The same logic applies to social media accounts: a username is also an allocation under the platform's terms of use, not a trademark right. You can find out how account names draw strength from a trademark registration in our guide to [social media usernames and trademark rights](https://www.webx.net.tr/en/blog/social-media-handles-and-trademark-rights).

## What Can You Do If Someone Else Is Using a Domain Containing Your Trademark?

A registered trademark owner has two kinds of tools: the right to prohibit use under the SMK, and domain name dispute mechanisms. Which one fits depends on the extension, the nature of the use and what you want to achieve.

### Article 7(3)(d) SMK: prohibiting use as a domain name

Under Article 7(3)(d) SMK, provided that the person using the sign has no right or legitimate connection relating to the use of the sign, use of an identical or similar sign online, in a way that has a commercial effect, as a domain name, routing code, keyword or in similar forms can be prohibited.

This provision is tied to the general framework of Article 7(2): the use must take place in the course of trade and carry an element of infringement, such as a likelihood of confusion for identical or similar goods and services, or unfair advantage in the case of a well-known mark. If the registrant has a genuine connection with the name, the outcome may differ. A lawsuit on this basis is heard by the intellectual and industrial property courts.

### The administrative route: the UDRP and the .tr dispute mechanism

Before going to court, the Uniform Domain Name Dispute Resolution Policy (UDRP) of ICANN can be used for generic extensions, and the .tr system's own dispute resolution mechanism for .tr extensions. Under the UDRP, the remedy a panel can grant is limited to cancellation of the domain name or its transfer to you; damages are not available in that procedure. We explain the conditions, timelines and evidence file for both routes in detail in our guide to [UDRP and .tr domain name disputes](https://www.webx.net.tr/en/blog/domain-name-disputes-udrp-and-tr).

## Domain First or Trademark First?

The right order is: trademark search first, then on the same day the domain name, the social media usernames and the trademark application. A domain name can be registered in seconds, whereas a trademark application becomes a record anyone can see once it is published in the Bulletin. The longer the gap between the two steps, the greater the risk that the name is snapped up.

To plan your domain name and trademark registration together, follow this checklist:

1. **Shortlist candidate names:** Come up with at least three options that are distinctive and easy to pronounce and spell.
2. **Search the trademark register:** Use Webx's free [trademark search tool](https://www.webx.net.tr/en/hizmetler/marka-sorgulama) to check identical and similar records in your target classes; the absence of an exact match is not a guarantee of registration.
3. **Look at trade names:** Companies operating under the same name may have grounds to oppose as owners of a sign used in trade; the difference between the two searches is covered in [company name search vs trademark search](https://www.webx.net.tr/en/blog/company-name-search-vs-trademark-search).
4. **Check domain availability:** Are the main extension, .com.tr and common spelling variants free, for sale, or owned by an active business?
5. **Check social media usernames:** Can you get the same name on the platforms you plan to use?
6. **Register and file on the same day:** Secure the domains and usernames and file your [trademark registration](https://www.webx.net.tr/en/hizmetler/marka-tescil) application on the same day.
7. **Register in the right name:** Register the domain in the name of the person or company that will own the trademark, using a company email address.
8. **Keep all deadlines in one calendar:** Domain renewal dates, the trademark renewal date and Bulletin monitoring should sit in the same calendar.

## What Are the Most Common Mistakes?

Confusion between domain names and trademarks usually becomes costly through one of these mistakes:

- **Treating the domain name as a trademark:** When a name you have invested in for years is filed as a trademark by someone else, the domain registration alone offers no defense.
- **Registering the domain in the name of an agency, developer or employee:** When the working relationship ends, you may no longer control the address.
- **Taking only the main extension:** Because .com.tr can be allocated without documents, a country extension left open can easily pass to someone else.
- **Missing renewal notices:** If notices go to an old email address, the domain can lapse without anyone noticing.
- **Treating the trade name as enough:** A trade name entered in the trade registry is a separate register and does not give you a monopoly over the name for goods and services; we compare the three records in [trade name, business name and trademark differences](https://www.webx.net.tr/en/blog/trade-name-business-name-and-trademark-differences).

## Conclusion

A domain name and a trademark registration do not replace each other; they protect two separate layers of the same name. Key takeaways:

- A domain name is a time-limited internet address that goes to whoever registers it first; a trademark registration is an exclusive right examined by TÜRKPATENT and valid for 10 years.
- As a rule, domain registration involves no examination of rights and no distinctiveness requirement; a descriptive domain name may be refused as a trademark.
- Since 14 September 2022, extensions such as .com.tr can also be allocated without documents on a first-come, first-served basis.
- A registered trademark owner can act under Article 7(3)(d) SMK and through dispute mechanisms against domain use by someone with no right or legitimate connection.
- The right order is a trademark search first, then the domain name, usernames and trademark application on the same day.

### Shall we secure your name as both a domain and a trademark?

Send us the name you want to use through our [contact page](https://www.webx.net.tr/en/iletisim), and together we will establish whether there are conflicting records in the trademark register, which classes you should file in and how to align your domain plan with your trademark. Webx handles filing and opposition proceedings before TÜRKPATENT in its capacity as a registered trademark attorney.

## Sources

- [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Art. 5(1)(c), 7(1), 7(3)(d), 9, 23(1)
- [TRABİS — .tr domain name registry](https://www.trabis.gov.tr/) (trabis.gov.tr) — Documentless and documented .tr allocation (14 September 2022)
- [TÜRKPATENT — Trademark Fees (2026)](https://www.turkpatent.gov.tr/marka-islem-ucretleri) (turkpatent.gov.tr) — Items 02.01.01 application, 02.01.03 registration fee

## Frequently Asked Questions

### Can I register my domain name exactly as it is as a trademark?

Yes, if the name in the domain is distinctive it can be filed as a trademark. However, an extension such as .com or .com.tr does not add distinctiveness on its own, and the assessment focuses on the name itself. A descriptive domain name that states the kind, quality or purpose of the goods can be refused as a trademark under Article 5(1)(c) SMK; in that case a distinctive element has to be added.

### Do I need a trademark certificate to register a .com.tr domain?

No, it is no longer mandatory. Since TRABİS went live on 14 September 2022, extensions such as .com.tr, .net.tr and .org.tr can be allocated without any documents on a first-come, first-served basis, while document-based allocation continues alongside it. As a result, someone who shows no documents at all can register the .com.tr address that matches your brand before you do.

### If my domain name expires, does that affect my trademark rights?

No. A trademark registration is independent of the domain name; protection lasts 10 years from the filing date and continues through renewal. However, a domain that is not renewed lapses and can be re-registered by someone else. Getting the address back then means relying on your trademark in a dispute procedure or in court, which costs far more time and money than the renewal fee.

### Is someone registering my brand name under a different extension infringement in itself?

Not always. Article 7(3)(d) SMK looks at use of the sign online as a domain name in a way that has a commercial effect, and at whether the user lacks any right or legitimate connection to the sign. A registration sitting idle is not assessed the same way as an active site targeting your customers. The nature of the use, the content of the site and the registrant's connection are examined together.

### If my domain is accessible everywhere, does my Turkish trademark protect me abroad?

No. Trademark protection is territorial, and a TÜRKPATENT registration has effect only in Turkey; the fact that your website can be opened anywhere in the world does not change that limit. To be protected in countries where you sell or plan to invest, you need a national application in that country or an international application under the Madrid Protocol based on your Turkish application or registration.

### Should I register the domain in my own name or in my company's name?

Registering the domain in the name of the person or company that owns, or will own, the trademark is the most consistent approach. Registrations made in the name of an agency, a developer or an employee turn into access problems when the relationship ends. If the trademark will later be assigned to a company, plan to transfer the domain at the same time; having two different holders creates unnecessary evidentiary and management risk.

### If my trademark search came back clear, is the domain name available too?

No. The trademark register and domain name registrations are independent systems; a name that looks free in one may already be taken in the other. A name with no record at all in the trademark register may still be in use as the domain of an active website. That is why a candidate name should be checked separately in the trademark register, in a domain lookup and on social media platforms.

## 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.
- [Does Owning a Domain Give You Trademark Rights?](https://www.webx.net.tr/en/blog/does-owning-a-domain-give-trademark-rights): Does owning a domain give trademark rights? Not by itself; but active trade use can ground an opposition under Art. 6(3) SMK. 7 scenarios, evidence and steps.
- [Someone Registered a Domain Name With Your Trademark: UDRP and the .tr Dispute Route](https://www.webx.net.tr/en/blog/domain-name-disputes-udrp-and-tr): When a domain with your trademark belongs to someone else: three UDRP conditions, WIPO timelines and 2026 fees, the .tr dispute route, litigation and evidence.
- [Trade Name, Business Name and Trademark: What Is the Difference?](https://www.webx.net.tr/en/blog/trade-name-business-name-and-trademark-differences): What is the difference between a trade name and a trademark? The scope of a business name, domain name and trademark, who wins if they clash, and the right order.
- [Instagram Handles and Trademark Rights on Social Media](https://www.webx.net.tr/en/blog/social-media-handles-and-trademark-rights): Does a social media handle create trademark rights? Account protection, impersonator account takedowns, handle recovery and the role of registration explained.
- [How to Choose a Brand Name: A Guide to Finding a Registrable Name](https://www.webx.net.tr/en/blog/how-to-choose-a-brand-name): How to choose a brand name: distinctiveness levels, methods for finding a registrable name, elimination criteria, and a pre-filing checklist.
- [Company Name Search vs Trademark Search in Turkey: The Difference](https://www.webx.net.tr/en/blog/company-name-search-vs-trademark-search): A company name search checks the trade registry; a trademark search checks the TÜRKPATENT register. Why a trade name is not a trademark and which to run first.