Legal
5 min
Someone Has Registered My Brand Name — What Can I Do?
If another party has registered a name you have used for years, your rights are not exhausted. We set out when invalidation, revocation and earlier-use routes are available.
Expert content, legal guides, industry news — everything you need to know to protect your brand.
Registration is where protection begins, not where it ends. This category covers the legal situations a registered trademark runs into: what infringement of trademark rights is, which acts constitute an offence and what sanctions apply, how to proceed against a business using your mark without permission, what to do before filing suit, and how counterfeit goods are seized at customs.
Protection does not run in one direction only: a registered mark that is not put to genuine use becomes open to a revocation request five years after registration. This section also explains why the difference between a trade name, a business name and a trademark matters, how well-known status is obtained, where collective and certification marks are used, and what options you have if someone else has registered your brand name.
If you have discovered unauthorised use of your mark, the first step is not litigation but evidence. We set out the order to follow and the documents needed at each stage.
If another party has registered a name you have used for years, your rights are not exhausted. We set out when invalidation, revocation and earlier-use routes are available.
Cooperatives, associations and certification bodies have special trademark types built for them. We explain the difference between collective marks and certification marks, and the technical specification requirement.
Counterfeit goods can be stopped at the border before they ever reach the market. We explain how to file a customs application, the key deadlines, and the brand owner's obligations.
Trademark infringement can mean more than a damages claim — it can mean prison. We explain the elements of the offence, the complaint deadline, and the steps a trademark owner should take.
A well-known trademark is a privileged status that earns protection beyond its registered classes. We explain the criteria, how to prove it, and the advantages it brings.
Registering your company with the trade registry does not protect your brand. We explain how a trade name, business name, domain name and trademark differ — and which one actually protects what.
You registered your mark but aren't using it — it can be cancelled. We explain the five-year use requirement, how to prove use, and TÜRKPATENT's administrative cancellation power.
When your trademark is infringed, legal remedies are open to you. We explain how a trademark lawsuit is filed and the steps in the process.
A registration is not untouchable. We explain the difference between invalidation and revocation, where each application is made, and how to protect your mark against both.
If you couldn't find an answer in our blog posts, our trademark experts will be happy to provide personal consultation.