# How to File a Trademark Lawsuit: Protecting Your Rights in Court

> How to file a trademark lawsuit in Turkey: types of action, the competent court (Art. 156 SMK), pre-trial evidence, injunctions, mediation and the proceedings.

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The short answer to how to file a trademark lawsuit in Turkey: **the registered owner sues the infringer before the intellectual and industrial property civil court where the plaintiff is domiciled or where the infringement took place or had its effects (Article 156(3) of Industrial Property Law No. 6769, the SMK).** The action can seek a declaration, an injunction, seizure and material and non-material damages; evidence is gathered first and, if needed, a preliminary injunction is requested.

Below you will find, in order, the types of action, the court with subject-matter and territorial jurisdiction, the steps to take before filing, the claims you can bring, a licensee's right to sue, how the proceedings unfold, and how the case relates to the criminal route.

## What Is a Trademark Lawsuit, and What Types of Action Are There?

A trademark lawsuit is the general name for cases heard by the intellectual and industrial property courts under the SMK concerning the infringement, validity or scope of a trademark right. Which action you bring depends on who is asking for what:

| Action or route | Who starts it? | Where? | What is sought? |
| --- | --- | --- | --- |
| Infringement action (Arts. 29, 149–151) | The trademark owner; a licensee if the conditions are met (Art. 158) | Intellectual and industrial property civil court; where the plaintiff is domiciled or where the act took place or had its effects (Art. 156(3)) | Declaration, prevention, cessation, removal, seizure, destruction, material and non-material damages, publication |
| Invalidity action (Art. 25) | Interested parties, public prosecutors, relevant public bodies | Intellectual and industrial property civil court; the action is brought against the registered owner, and the competent court is where the defendant is domiciled (Arts. 25(3), 156(5)) | Invalidation of the mark in full or for some goods and services |
| Action against an Office (YİDK) decision (Art. 156(2)) | The party harmed by the Office decision | Ankara Intellectual and Industrial Property Civil Court | Annulment of the TÜRKPATENT decision |
| Declaration of non-infringement (Art. 154) | Any interested party; not available to someone already sued for infringement | Intellectual and industrial property civil court; where the defendant right holder is domiciled (Art. 156(5)) | A declaration that the claimant's activity does not infringe the trademark right |
| Criminal complaint (Art. 30) | The trademark owner; prosecution depends on a complaint (Art. 30(6)) | Chief public prosecutor's office; trial before the intellectual and industrial property criminal court | Punishment of the offenders; seizure of counterfeit goods during the investigation |

We explain which acts count as infringement in our article on [what trademark infringement is](https://www.webx.net.tr/en/blog/what-is-trademark-infringement). Invalidation is sought in court, while revocation for non-use has been requested from TÜRKPATENT since January 10, 2024 (Article 26); the difference between the two routes is covered in our guide to [trademark invalidation and revocation](https://www.webx.net.tr/en/blog/trademark-invalidation-and-revocation). The parties to and timing of an action against a Board decision are discussed in [appealing a TÜRKPATENT Board decision in court](https://www.webx.net.tr/en/blog/appealing-a-turkpatent-board-decision-in-court).

The owner of an unregistered sign cannot bring the infringement action under the SMK; trademark protection is obtained through registration (Article 7(1)). In that situation, the unfair competition provisions of the Turkish Commercial Code can be relied on, and a right acquired through earlier use can also be invoked to invalidate a similar mark registered later (Articles 6(3) and 25). For a mark still at the application stage, an action for damages can be brought for acts committed after the application was published in the Bulletin, but the court cannot rule before the registration is published (Article 7(4)).

## How Are the Court and Venue Determined?

Subject-matter jurisdiction refers to which type of court hears the case; territorial jurisdiction (venue) refers to the place where the case must be filed. Under Article 156(1) SMK, the courts with subject-matter jurisdiction over cases under the Law are the intellectual and industrial property civil courts and the intellectual and industrial property criminal courts. Where these courts have not been established, designated civil and criminal courts of first instance hear the cases; their jurisdictional areas are set by the Council of Judges and Prosecutors regardless of provincial and district boundaries.

Venue depends on who is suing whom:

- **Actions by the right holder against third parties:** The court where the plaintiff is domiciled or where the unlawful act took place or had its effects (Article 156(3)).
- **If the plaintiff has no domicile in Turkey:** The place of business of the agent recorded in the register on the filing date; if the agent's registration has been deleted, the place where the Office has its headquarters (Article 156(4)).
- **Actions by third parties against the right holder:** The court where the defendant is domiciled; if the right holder has no domicile in Turkey, Article 156(4) applies (Article 156(5)).
- **Actions against Office decisions:** The Ankara Intellectual and Industrial Property Civil Court has both subject-matter and territorial jurisdiction (Article 156(2)).

In invalidity actions, the Office is not named as a party; the action is brought against the persons recorded as the trademark owner in the register or their legal successors (Article 25(3)).

## What Steps Should You Take Before Filing?

The outcome of a case is often shaped by decisions made before the statement of claim is written. The typical order of preparation for an infringement action is as follows:

1. **Confirm your rights:** Check the classes the registration covers, the protection period and the owner details in the register; if your mark has been registered for more than five years, prepare your own evidence of use as well ([building a proof-of-use evidence file](https://www.webx.net.tr/en/blog/trademark-proof-of-use-evidence)).
2. **Document the infringement:** Collect dated screen captures, invoices from test purchases and photos of points of sale; if necessary, ask the court for preservation of evidence. Article 150(3) SMK allows you, even before filing an action, to ask the court to order the other side to produce documents for the purpose of preserving evidence. A checklist of first steps is in our article on [what to do when someone is using your trademark](https://www.webx.net.tr/en/blog/someone-is-using-my-trademark).
3. **Decide on a cease-and-desist letter:** A letter is not mandatory; it creates an opportunity to settle, but it can also give the other side a chance to destroy evidence or get ahead by filing a declaration of non-infringement. For content and risks, see [how to write a trademark cease-and-desist letter](https://www.webx.net.tr/en/blog/trademark-cease-and-desist-letter).
4. **Assess the need for a preliminary injunction:** If sales are ongoing, you can ask for them to be stopped without waiting for the judgment.
5. **Settle the mediation question:** For monetary claims such as damages, mediation before filing should be assessed.
6. **Define the claims and the court:** Decide which claims to bring, the venue, and whether a criminal complaint will run in parallel.

### Preliminary injunctions

A preliminary injunction is a provisional measure requested from the court to secure the effectiveness of the judgment before the case is decided. Under Article 159(1) SMK, a person entitled to sue can request one by proving that the infringing use is taking place in Turkey or that serious and effective preparations are being made for it. The measures may in particular include preventing and stopping the infringing acts, seizing infringing goods wherever they are, including customs areas and free zones, and the provision of security (Article 159(2)). Matters not covered by the SMK are governed by the Code of Civil Procedure (Article 159(3)); within that framework, the applicant may be asked to provide security. For administrative measures taken at the border, see our article on [customs seizure of counterfeit goods](https://www.webx.net.tr/en/blog/customs-seizure-of-counterfeit-goods).

### Mediation

Trademark disputes can combine non-monetary claims, such as a declaration, an injunction and removal, with monetary claims such as damages. For monetary claims, whether applying to a mediator before filing is a procedural precondition should be assessed case by case, based on the nature of the claim. This assessment is part of the litigation timeline and should be made before the statement of claim is drafted.

### Limitation periods

Under Article 157 SMK, the limitation provisions of the Turkish Code of Obligations apply to private-law claims arising from industrial property rights. Because the periods run according to the type of claim and the date of knowledge, you should record the date you learned of the infringement and avoid delay. The details of the periods for damages claims are in our guide on [how trademark infringement damages are calculated](https://www.webx.net.tr/en/blog/trademark-infringement-damages).

## What Can Be Claimed in the Statement of Claim?

Under Article 149(1) SMK, a trademark owner whose rights have been infringed can ask the court for the following:

- **Declaration:** A finding of whether the act constitutes infringement.
- **Prevention and cessation:** Prevention of likely infringement and cessation of ongoing infringing acts.
- **Removal and damages:** Removal of the infringement and compensation for material and non-material damage.
- **Seizure and ownership:** Seizure of infringing goods and of the equipment used exclusively to make them, and ownership of them being granted to the right holder; in that case, the value of the goods is deducted from the damages (Article 149(2)).
- **Alteration and destruction:** Changing the form of the goods, removing the marks on them or, where unavoidable, destroying them.
- **Publication:** Publication of the final judgment at the other side's expense; this right lapses if it is not requested within three months after the judgment becomes final (Article 149(3)).

Damages cover actual loss and loss of profit (Article 151(1)); at the owner's choice, loss of profit is calculated as the income the owner could probably have earned, the infringer's net profit, or a license fee (Article 151(2)). If the reputation of the mark has been harmed, reputational damages can also be claimed (Article 150(2)). The methods are compared in our damages guide; the point to remember here is that the method is a strategic choice made when the action is filed. No action can be brought against an end user who holds or uses counterfeit goods only to the extent of personal need (Article 153).

## Can a Licensee File a Trademark Lawsuit?

Yes, but the conditions depend on the type of license. Unless the agreement provides otherwise, an exclusive licensee can bring in its own name the actions the trademark owner could bring in the event of infringement (Article 158(1)).

A non-exclusive licensee, unless its right to sue is expressly restricted in the agreement, must first ask the trademark owner to bring the action. If the owner refuses, or does not file within three months of the notice, the licensee can sue in its own name to the extent of its own interests and must inform the owner that it has done so (Article 158(2)). Where there is a risk of serious harm, a preliminary injunction can be requested before the three-month period expires (Article 158(3)).

## What Happens During the Proceedings?

Trademark cases follow the general procedure of the Code of Civil Procedure, subject to the special provisions of the SMK. First comes the written pleadings stage: the claims and evidence are set out in the statement of claim, the defense and the reply and rejoinder. The court then identifies the points in dispute at a preliminary hearing and moves on to the taking of evidence.

The center of gravity in trademark cases is often the court-appointed expert examination. On technical questions such as the similarity of the signs, likelihood of confusion, evidence of use and the calculation of damages, the court can obtain reports from trademark experts or financial experts, and the parties can object to the report. After the judgment, an appeal lies to the regional court of appeal and, where the conditions are met, a further appeal to the Court of Cassation. Litigation costs consist of items such as court fees, expert fees and service costs, and as a rule they are borne by the losing party; the amount varies with the type of action and the sum claimed.

When an invalidity judgment becomes final, the court sends it to the Office on its own initiative, the mark is removed from the register and the change is published in the Bulletin (Articles 27(6)–(7)). The judgment takes effect from the filing date and is binding on everyone (Articles 27(1) and 27(5)); infringement judgments that became final and were enforced earlier are, as a rule, not affected (Article 27(3)).

### The defenses the other side may raise

Anticipating what the other side will rely on before you sue helps steer your evidence preparation:

- **Non-use defense:** If the plaintiff's mark has been registered for at least five years on the filing date, the defendant can demand proof of genuine use during the five years before that date (Article 29(2)).
- **Invalidity claim:** The defendant can ask the court to invalidate the plaintiff's mark (Article 25(2)).
- **Fair use and exhaustion:** Stating one's own name, descriptive indications and use to indicate the purpose of accessories or spare parts (Article 7(5)), as well as goods put on the market by or with the consent of the right holder (Article 152), may fall outside the scope of the right.
- **Later registration defense:** In an infringement action brought by the holder of an earlier right, the defendant cannot rely on its own later registration as a defense (Article 155).
- **Acquiescence:** In invalidity actions, an owner who knowingly, or when it should have known, stayed silent for five years about the use of a later mark cannot rely on its mark as a ground for invalidity unless the later registration was made in bad faith (Article 25(6)).

## Can a Criminal Complaint Run Alongside a Civil Lawsuit?

Yes, the two routes are not alternatives to each other. Article 30 SMK makes infringement of a trademark right through copying or imitation a criminal offense punishable by imprisonment and a judicial fine. A penalty can only be imposed if the mark is registered in Turkey (Article 30(5)), and prosecution depends on a complaint (Article 30(6)).

Searches and seizures in a criminal investigation can stop an infringement quickly and generate evidence for calculating damages, but they do not compensate the loss. Damages can only be claimed in a civil action. For penalty ranges, the complaint period and the leniency provision, see our article on [trademark infringement criminal penalties in Turkey](https://www.webx.net.tr/en/blog/trademark-infringement-criminal-penalties-in-turkey).

## Where Does the Role of a Trademark Agent End and a Lawyer's Begin?

Before TÜRKPATENT, people act either on their own or through registered trademark or patent agents (Article 160(1)); in court, parties can conduct the case themselves or be represented by a lawyer. Representing someone else in court as their legal representative is reserved for lawyers.

Webx is not a law firm. It handles proceedings before TÜRKPATENT, such as oppositions, responses to oppositions and appeals against Office decisions, in its capacity as a registered trademark agent (marka vekili); at the litigation stage, the work is done with partner lawyers under agreement or with your own lawyer. Within that collaboration, technical preparation of the trademark file, such as register records, similarity assessment and evidence of use, supports the litigation strategy.

## Conclusion

- The essence of how to file a trademark lawsuit: an infringement action is filed before the intellectual and industrial property civil court where the plaintiff is domiciled or where the act took place or had its effects.
- Invalidation is decided in court, revocation for non-use by TÜRKPATENT, and actions against Office decisions by the Ankara Intellectual and Industrial Property Civil Court.
- Before filing, evidence of your rights and use is prepared and the infringement is documented; a cease-and-desist letter is not mandatory, and preliminary injunctions and mediation are assessed separately.
- Limitation is governed by the Turkish Code of Obligations; record the date you learned of the infringement.
- The criminal route requires registration and a complaint; it can run alongside a civil action but does not provide damages.

### Shall we review your trademark dispute together?

Share your registration status, the scope of the infringement and the evidence you hold; together we will work out whether the file should proceed through TÜRKPATENT channels, a cease-and-desist letter or litigation. As part of our [legal support for trademark disputes](https://www.webx.net.tr/en/hizmetler/hukuki-koruma), we handle opposition proceedings as a trademark agent and plan the litigation stage with partner lawyers. For a preliminary consultation, reach us through our [contact](https://www.webx.net.tr/en/iletisim) page.

## Sources

- [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Arts. 25, 29–30, 149–151, 154, 156–159: invalidity, infringement, claims, courts, limitation, licensees, preliminary injunctions
- [Turkish Commercial Code No. 6102](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6102&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr)

## Frequently Asked Questions

### Can I file a trademark lawsuit for an unregistered mark?

The infringement action and the criminal route under the SMK are for registered marks; the Law states plainly that trademark protection is obtained through registration and makes registration in Turkey a condition for any criminal penalty. The owner of an unregistered sign can rely on the unfair competition provisions of the Turkish Commercial Code, and a right acquired through earlier use can also be invoked to invalidate a similar mark registered later.

### Can I sue before my trademark application is registered?

Partly. Under Article 7(4) SMK, the applicant can bring an action for damages for acts committed after the application is published in the Official Trademark Bulletin that could be prohibited once the mark is registered; however, the court cannot rule on the merits of the claims before the registration is published. A criminal complaint requires the mark to be registered in Turkey, so the criminal route is not available at the application stage.

### Where does a trademark owner based outside Turkey file a lawsuit in Turkey?

If the plaintiff has no domicile in Turkey, Article 156(4) SMK gives jurisdiction to the court where the trademark agent recorded in the register on the date of filing has its place of business. If the agent's registration has been deleted, the court of the place where TÜRKPATENT has its headquarters has jurisdiction. The case is heard by the intellectual and industrial property civil court or, where none exists, by the designated civil court of first instance.

### Can the other side respond to an infringement lawsuit by seeking to invalidate my mark?

Yes. Invalidation is a claim that any interested party can bring before the court, and the defendant in an infringement action usually has that interest. In addition, if your mark has been registered for at least five years on the date the action is filed, the defendant can ask you to prove genuine use of the mark during the five years before that date. That is why it pays to prepare your evidence of use before you sue.

### Can I file a trademark lawsuit without sending a cease-and-desist letter first?

Yes. The SMK does not require a cease-and-desist letter before an infringement action is filed. A letter creates an opportunity to settle and documents that the other side has been put on notice; but if there is a risk that counterfeit stock will be hidden or disposed of, it may be safer to seek preservation of evidence or a preliminary injunction first. Mediation for monetary claims should be assessed separately.

### What happens to counterfeit goods if I win a trademark lawsuit?

On request, the court can order the seizure of infringing goods and of the equipment used exclusively to make them, grant the trademark owner ownership of them, order the removal of the marks or, where unavoidable, their destruction (Article 149 SMK). If ownership is granted, the value of the goods is deducted from the damages; if that value exceeds the damages, the trademark owner pays the difference to the other side.

### How does a final invalidity judgment show up in the trademark register?

Once an invalidity judgment becomes final, the court sends it to TÜRKPATENT on its own initiative; the mark is removed from the register and the change is published in the Official Trademark Bulletin. The judgment takes effect from the filing date, meaning the mark is deemed never to have been protected, and it is binding on everyone. Infringement judgments that became final and were enforced earlier are, as a rule, not affected.

## Related Resources

- [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.
- [Trademark Watch](https://www.webx.net.tr/en/hizmetler/marka-izleme): Covers monitoring similar applications published in the Official Trademark Bulletin and reporting them before the opposition period ends.
- [What Is Trademark Infringement?](https://www.webx.net.tr/en/blog/what-is-trademark-infringement): What is trademark infringement and which acts count? The acts listed in Article 29, the identity/confusing-similarity distinction, and what a proprietor can claim.
- [How Are Trademark Infringement Damages Calculated in Turkey? 3 Methods](https://www.webx.net.tr/en/blog/trademark-infringement-damages): How trademark infringement damages are calculated in Turkey: lost profits, infringer's profits and reasonable royalty under SMK Art. 151, with worked examples.
- [How to Write a Trademark Cease-and-Desist Letter: Content, Deadlines, Risks](https://www.webx.net.tr/en/blog/trademark-cease-and-desist-letter): How to write a trademark cease-and-desist letter in Turkey: required elements, a fill-in template, notary and KEP delivery, reasonable deadlines and the risks.
- [Trademark Infringement as a Criminal Offence: Penalties in Turkey](https://www.webx.net.tr/en/blog/trademark-infringement-criminal-penalties-in-turkey): The penalty for unauthorised use of a registered trademark: under Article 30, one to three years' imprisonment and a judicial fine of up to twenty thousand days.
- [Challenging a Board Decision in Court: The Final Avenue of Appeal](https://www.webx.net.tr/en/blog/appealing-a-turkpatent-board-decision-in-court): Appealing a TÜRKPATENT Board decision in court: the two-month deadline, competent court, parties, likely outcomes and alternatives worth considering first.
- [Can a Registered Trademark Be Cancelled?](https://www.webx.net.tr/en/blog/trademark-invalidation-and-revocation): Can a registered trademark be cancelled? Revocation for non-use, grounds of invalidity, the transfer of revocation powers to TÜRKPATENT in 2024, and acquiescence.