# Who Owns a Trademark in Turkey: The First to File or the First to Use?

> Who owns a trademark in Turkey? Protection arises from registration, so the first to file wins. Prior users can oppose or seek invalidation within deadlines.

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- Last updated: 2026-09-22
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The short answer to **who owns a trademark in Turkey** is this: **the trademark belongs not to the person who used it first, but to the person who files first with TÜRKPATENT (Turkish Patent and Trademark Office) and obtains registration.** Industrial Property Law No. 6769 (SMK), Article 7(1), says so expressly: "Trademark protection under this Law is obtained through registration." Prior use is not worthless, however; it is a defensive card that can stop or remove a later registration, but it does not provide protection on its own.

Below we look at the logic of the registration-based system, why the filing date matters down to the minute, which routes a prior user can take and within which deadlines, and how all of this compares with a use-based system such as that of the United States.

## What Are Trademark Rights Based On in Turkey?

In Turkey, trademark rights are based on registration. The **first-to-file principle** means that when two identical or similar signs collide, priority is determined not by the date of first use but by the filing date or a valid priority date. The question of who used the mark first comes into play only through exceptional routes and only when someone takes on the burden of proof.

This principle has three practical consequences:

- **The power to prohibit arises from registration.** The powers listed in Article 7(2) and 7(3) of the SMK — to stop an identical or similar sign from being used on goods and packaging, in advertising, online as a domain name or keyword, and as a trade name — are granted to the owner of a registered trademark.
- **Rights start running from publication of the registration.** Under Article 7(4) of the SMK, rights arising from registration take effect against third parties as of the date the registration is published. A claim for damages can be brought over acts committed after the application is published in the Bulletin, but the court cannot rule before the registration has been published.
- **An earlier right prevails over a later registration.** Under Article 155 of the SMK, a trademark owner cannot rely on its own registration as a defense in an infringement action brought by a right holder with an earlier filing or priority date.

A trademark does not need to have been used before it can be registered; you can file for a name that has not yet reached the market. The obligation to use begins after registration and is governed by the five-year rule in Article 9 of the SMK. Whether registration is legally mandatory is a separate question, which we answer in our article on [whether trademark registration is mandatory](https://www.webx.net.tr/en/blog/is-trademark-registration-mandatory).

## Why Does the Filing Date Matter Down to the Hour and Minute?

Because priority between two applications is determined by the hour and minute, even within the same day. Under Article 15(1) of the SMK, an application with no formal deficiencies becomes final as of the **date, hour and minute** it is received by the Office. If two applications for the same sign are filed on the same morning, the one received earlier by the minute takes precedence over the other.

The earlier application is protected even without an opposition: under Article 5(1)(ç) of the SMK, signs that are identical or indistinguishably similar to an earlier registered or applied-for trademark covering the same or same-type goods and services are refused by the Office of its own motion. Lower degrees of similarity are assessed only upon opposition (Article 6(1)).

### An incomplete application can push back your place in line

Under Article 15(2) of the SMK, if the application form, the representation of the mark, the list of goods and services or proof of payment of the filing fee is missing, the filing date shifts to the date, hour and minute on which the deficiency is remedied. If someone else files a complete application for the same sign in the meantime, priority passes to them. Deficiencies concerning technical regulations, the priority fee or the Latin transliteration, on the other hand, do not affect the filing date.

The practical lesson is clear: in a race for the date, what counts is filing a complete application the first time. The representation of the mark, the list of goods and services and the fee payment should all be completed together.

### Madrid filings count from the first minute of the day

Under Article 14(1) of the SMK, an international application designating Turkey under the Madrid Protocol is deemed to have been filed at the **first hour and minute** of its international filing date. This rule gives the international application priority over domestic applications bearing the same date. Where there are several international applications with the same date, the one with the lower international registration number is deemed filed first.

## How Does the Right of Priority Affect the First-to-File Rule?

The right of priority is not an exception to the first-to-file rule but an extension of it: it lets you carry the date of your first foreign application over to Turkey for **six months**. Under Article 12(1) of the SMK, a person who files in Turkey for the same mark and the same goods and services within six months of a proper first application in a country party to the Paris Convention or the World Trade Organization benefits from the date of that first application.

Its effect is powerful. Under Article 12(6) of the SMK, applications filed by third parties after the priority date for an identical or indistinguishably similar mark covering the same or same-type goods and services are refused. Exhibition priority (Article 12(3)) likewise grants six months of priority from the date the mark was displayed at certain national or international exhibitions.

The key point to remember is that priority also rests on an application; it carries a filing date, not a date of use. For the claim procedure, the document deadline (Article 13: three months from filing) and common mistakes, see our [guide to the right of priority](https://www.webx.net.tr/en/blog/priority-right-in-trademark-registration).

## Does the First User Lose All Rights?

No. The registration system does not ignore the prior user; it gives them **defensive tools rather than automatic protection**. A prior user can stop a later application or have a registration invalidated, but only by asserting and proving the right themselves. The Office does not look for the relative grounds in Article 6 of the SMK of its own motion; it examines them only upon opposition.

### Opposition to publication (SMK Article 6(3))

Under Article 6(3) of the SMK, if a right has been acquired in an unregistered trademark or another sign used in the course of trade before the filing or priority date, the application is refused upon opposition by the owner of that sign. The opposition must be filed in writing, with reasons, within **two months** of the application's publication in the Official Trademark Bulletin, and the fee must be paid within the same period (Article 18).

Under the TÜRKPATENT 2026 schedule of trademark fees, the fee for an opposition to a published application (item 02.01.17) is TRY 1,150. Current amounts should be checked against the TÜRKPATENT fee schedule, which is updated every year, and the official fee does not include any attorney service fee. The steps are explained in our guide on [filing a trademark opposition](https://www.webx.net.tr/en/blog/how-to-file-a-trademark-opposition).

### Invalidation action (SMK Article 25)

If the opposition period has been missed and the mark has been registered, the holder of the earlier right can ask the court to declare the registration invalid on the same grounds. Under Article 25(1) of the SMK, the court declares a trademark invalid if one of the situations listed in Article 5 or Article 6 exists. An invalidation decision is retroactive: under Article 27(1), the protection conferred on the mark is deemed never to have arisen.

The court route is considerably longer and more expensive than an opposition; expert examination and the length of proceedings must be factored in. We explain the difference between invalidation and revocation in detail in our article on [trademark invalidation and revocation](https://www.webx.net.tr/en/blog/trademark-invalidation-and-revocation).

### Bad faith and filings by commercial agents

If the later applicant learned of the mark from you and filed in order to appropriate it, two further grounds come into play. Applications filed in bad faith are refused upon opposition (Article 6(9)), and bad faith is also a ground for invalidation under Article 25. An unauthorized filing by a commercial agent or representative is refused under Article 6(2); if it has already been registered, you can ask the court under Article 10 to transfer the registration to you. The warning signs and the evidence are covered in our article on [bad-faith trademark filings](https://www.webx.net.tr/en/blog/bad-faith-trademark-filings).

## Acquiescence: How Do Five Years of Silence Erode Your Rights?

If the holder of an earlier right remains silent for **five consecutive years** despite knowing, or being in a position to know, that the later mark is being used, they can no longer rely on their right as a ground for invalidation unless the later registration was made in bad faith (SMK Article 25(6)). This rule is known as loss of rights through acquiescence.

For the first user, this means time works against you, not for you. The day you notice the later mark may effectively be the day the five-year clock starts. Two points matter. First, the period depends on knowledge; ignoring use that you ought to have known about will not protect you. Second, the rule does not shelter bad-faith registrations; invalidation of a registration obtained to appropriate a mark can still be sought after five years.

Practical advice: record the later use with dates and documents, then assess without delay whether an opposition, a warning letter or a lawsuit is the route available to you.

## What Must a Prior User Prove?

A prior-use claim is only as strong as the evidence behind it. In the practice of the courts and the Office, the following elements are generally examined:

- That the use began **before** the filing or priority date of the opposing application,
- That the sign was genuinely used in the course of trade in a way that functions as a trademark, meaning it indicates the commercial origin of the goods or services,
- That the use was continuous and reached a certain commercial intensity; occasional use, merely preparatory use or very limited use is often not considered sufficient,
- That the two signs and fields of activity are close enough to show that the later use would cause confusion.

Useful evidence is dated and independent: invoices, contracts, printing invoices for packaging and catalogs, advertising records, domain name and web archive records. We explain step by step how to build this file in the course of daily business in our article on [using an unregistered trademark](https://www.webx.net.tr/en/blog/using-an-unregistered-trademark).

## Registration-Based vs. Use-Based Systems: What Is the Difference?

The fundamental difference lies in the event that gives rise to the right: in Turkey it is registration, while in use-based systems such as that of the United States it is mainly actual use in commerce. In this respect Turkey is aligned with registration-based systems such as the European Union trade mark and China. The table below summarizes the difference only in general terms; decisions about other countries require a separate look at that country's rules.

| Criterion | Registration-based system (Turkey) | Use-based system (United States, in broad terms) |
| --- | --- | --- |
| Event that creates the right | Registration (SMK Article 7(1)) | Mainly actual use in commerce |
| Priority criterion | Filing or priority date, down to the hour and minute | Mainly the date of first use; filing can also have a priority effect under certain conditions |
| Filing without use | Possible; the use obligation starts after registration | Use or a bona fide intent to use is required; evidence of use is submitted for registration |
| Position of an unregistered user | Defensive tools: opposition, invalidation, unfair competition | Rights may arise in the area of use; their scope is generally limited to the geography of actual use |
| Function of registration | Source of the right | A tool that strengthens and extends an existing right |
| Practical priority | File before you start using the mark | Document the use and reinforce it with registration |

Details on the US filing process and evidence of use are in our [US trademark registration](https://www.webx.net.tr/en/blog/us-trademark-registration-uspto-guide) guide.

## What Risk Does a Business Take by Using a Mark Without Filing?

The biggest risk is losing your place in line for a name you have spent years building. Consider a plainly fictitious example: a business has run a single-location coffee shop under the name "KAHVEVA" for three years but has never filed for the mark. One day, someone else files for the same name in the class covering café services. These are the scenarios it faces:

1. **If it spots the Bulletin publication:** It files an opposition under Article 6(3) within two months and puts its evidence of use on file. This is the fastest and cheapest route.
2. **If it misses the publication:** The mark is registered. The new owner can send warning letters and file complaints on online platforms. KAHVEVA is left with an invalidation action, and the time and cost rise considerably.
3. **If it stays silent for five years:** Unless the later registration was made in bad faith, the acquiescence rule may close the invalidation route as well.
4. **If it had filed first:** It would hold the priority; later identical or very similar applications would be refused by the Office of its own motion, and less similar ones would be stopped through its oppositions.

As the scenarios show, prior use at best provides an expensive defense, while filing secures your place from the outset. If your name has already been registered by someone else, the roadmap is in our article [someone registered my brand name](https://www.webx.net.tr/en/blog/someone-registered-my-brand-name). To plan the moment of filing around your business calendar, see our guide on [when to register a trademark](https://www.webx.net.tr/en/blog/when-to-register-a-trademark).

What you need to do to keep your place is simple: run the search and complete the application as soon as the name is settled. Working with trademark attorneys authorized before TÜRKPATENT, Webx handles the clearance search, class strategy and a complete filing in one place as part of our [trademark registration service](https://www.webx.net.tr/en/hizmetler/marka-tescil).

## Summary: Who Owns a Trademark in Turkey?

The answer to who owns a trademark in Turkey lies in the logic of the registration system: your place in line is secured by filing, not by use. Key takeaways:

- Trademark protection is obtained through registration (SMK Article 7(1)); priority is set by the filing or priority date, down to the minute.
- An incomplete application moves your date to the moment the deficiency is remedied; the first filing should be complete.
- The right of priority carries the date of the first foreign application for six months; it does not carry a date of use.
- A prior user can assert its right through opposition (two months from publication) and invalidation, but the burden of proof is on the prior user.
- Staying silent for five years can extinguish the right to seek invalidation unless there is bad faith.

### Would you like to secure your trademark's place in line today?

Send us the name you use, or are preparing to use, through our [contact page](https://www.webx.net.tr/en/iletisim); together we will establish whether there are conflicting entries in the register, which classes you should file in and, if relevant, how to document your prior use. If your name has already been filed or registered by someone else, our [legal protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma) team will assess your opposition and invalidation options.

## Frequently Asked Questions

### If two people file for the same trademark on the same day, who comes first?

An application with no formal deficiencies becomes final as of the date, hour and minute it is received by the Office. So between two domestic applications filed on the same day, the one received earlier by the minute takes priority. An international application under the Madrid Protocol is deemed filed at the first hour and minute of its international filing date; among international applications of the same date, the one with the lower international registration number comes first.

### I have filed, but registration has not been granted yet. Do I have any rights in the meantime?

Rights arising from registration take effect against third parties as of the date the registration is published. However, you may bring a claim for damages over acts committed after your application was published in the Official Trademark Bulletin that could be prohibited once the mark is registered. The court cannot rule on the merits before the registration is published, so a case can be filed but the judgment waits for registration. Keep evidence of such acts from the publication date onward.

### Does the name in my company's trade name give me trademark rights?

Not on its own. A trade name is protected in the trade registry, while a trademark is protected in the TÜRKPATENT register; registering a trade name does not give you a monopoly over that name as a mark for goods and services. If your trade name is actually used in the course of trade, it can serve as a prior right against a later similar trademark application, but that route requires an opposition and proof and does not replace the direct protection of registration.

### I registered the domain name first. Does that give me trademark priority?

A domain name registration is not a trademark registration and does not by itself create trademark priority. If genuine business is conducted under the domain, that use can be one piece of evidence in a prior-rights claim. Conversely, using someone else's registered trademark as a domain name in a way that has commercial effect is among the acts that can be prohibited under Article 7(3)(d) of the SMK.

### Is my trademark registered abroad automatically protected in Turkey?

No. Trademark protection is territorial; a foreign registration creates no rights in Turkey by itself. If you file in Turkey within six months of your first application, you can carry the earlier date over with a priority claim. Once that period has passed, you can only resist later applications on special grounds such as a reputation in Turkey, bad faith or the commercial agent provisions. If Turkey is in your market plan, the safest course is to file before the six-month window closes.

### Does being the first to file guarantee registration?

No. Filing first only secures your place in line. The application is still examined on absolute grounds, and descriptive or non-distinctive signs can be refused. After publication in the Bulletin, oppositions may be filed based on an earlier registration or application, unregistered use or bad faith. Your priority turns into full protection only when the application clears these stages and proceeds to registration.

### What happens if I file first but never use the trademark?

A trademark that has not been put to genuine use without a valid reason within five years of registration, or whose use has been suspended for an uninterrupted five years, can be revoked by TÜRKPATENT upon request. In addition, if you oppose on the basis of a registration older than five years, the applicant can ask you to prove use. Priority from filing first therefore lasts only for owners who actually use their mark.

### Do I still need to file in countries with a use-based system?

Even where rights arise mainly from actual use, registration significantly strengthens protection, both in terms of ease of proof and geographic scope. That is why filing in the target country is still recommended for businesses with export or investment plans. Because every country has its own rules, an international strategy should be built on that country's registration rules and the advice of a local attorney.

## 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.
- [Legal Protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma): Explains attorney support for bulletin oppositions, appeals against refusals, counter-statements and trademark infringement cases.
- [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.
- [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.
- [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.
- [What Is the Priority Right? The Priority Advantage in Trademark Registration](https://www.webx.net.tr/en/blog/priority-right-in-trademark-registration): What is priority right in trademark registration? The six-month Paris Convention window, exhibition priority, and international filing planning.
- [When Should You Register a Trademark? A Guide to Getting the Timing Right](https://www.webx.net.tr/en/blog/when-to-register-a-trademark): When to register a trademark: once the name is final and before you share it. Six-month priority for trade fairs and exports, launch risks and a weekly plan.
- [How Should a Trademark Owner Prepare a Counterfeit Complaint on a Marketplace?](https://www.webx.net.tr/en/blog/counterfeit-complaints-on-marketplaces): Marketplace counterfeit complaints in Turkey: the 48-hour takedown under Law No. 6563 and its Regulation, the complaint file, seller objections and next steps.