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.
Under Art. 9(3) of Law No. 6563 and its Regulation, the trademark owner applies to the marketplace with the registration certificate, evidence and listing URL; the platform removes...
Since January 10, 2024, revocation of a trademark not put to genuine use for five years from registration is requested from TÜRKPATENT. The request covers one mark, filed on a form with the fee and deposit paid together; the owner gets one month to reply (plus one more on request) and bears the burden of proving use.
An NDA (non-disclosure agreement) is a confidentiality agreement that ensures shared confidential information is not used outside a defined purpose or disclosed to third parties. We explain one-way and mutual NDAs, the key clauses, penalty clauses and what an NDA cannot protect.
Under SMK Art. 152, the resale of genuine goods placed on the market by the trademark owner or with its consent falls outside the scope of the trademark right. We explain the limits for parallel imports, second-hand and refurbished goods, repackaging and marketplace sellers.
A trademark that starts being used as the common name of a product can be revoked by TÜRKPATENT under SMK Art. 26/1-b if its owner failed to take the necessary steps. We explain the conditions of genericide, the right to correct dictionaries and the practical steps that reduce the risk.
Under SMK Art. 151, a trademark owner's loss consists of actual loss and lost profits; lost profits are calculated by one of three methods: probable income, the infringer's net profit or a licence fee. We compare the three methods with worked figures.
A trademark cease-and-desist letter formally tells an infringer to stop the use; in Turkey it is not a precondition for a lawsuit, but it documents knowledge and often ends the dispute early. We cover content, a fill-in template, delivery channels, deadlines and risks.
A bad-faith trademark filing is one made to block the true owner, sell the mark back or exploit its reputation. In Turkey you can oppose it within two months of publication; once registered, it can be invalidated in court, and the acquiescence rule does not protect it.
Using an unregistered trademark is neither illegal nor a crime in Turkey, but its owner cannot rely on the exclusive rights or criminal protection of the Industrial Property Law. Its rights can be enforced only through unfair competition, opposition and invalidation, by proving its use.
In Turkey, a trademark belongs not to whoever used it first but to whoever files first with TÜRKPATENT and obtains registration. A prior user can still block or invalidate a later registration through opposition and invalidation, provided they meet the deadlines and can prove their use.
An unused trademark is not automatically deleted from the register — but once five years have passed it is left defenceless on four fronts: a revocation request, proof of use in oppositions, the non-use defence in infringement actions and the lack of a valid basis in invalidation actions. We explain the consequences and the ways out.
Yes — a trademark can be assigned to several people jointly (co-ownership in shares) or split class by class through a partial assignment. We explain how the two routes work in Turkey, the risks of a trademark with multiple owners, and the third route that is often the healthier choice.
Yes — a registered trademark is an asset: on the owner's death it becomes part of the estate and passes to the heirs. We explain the difference between a trademark held by an individual and one held by a company, the steps for recording the transfer by inheritance in Turkey, and how several heirs can manage the trademark.
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.
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