# Someone Is Using My Trademark — What Should I Do? > If your trademark is used without permission: gathering evidence, platform notices, cease-and-desist letters, civil claims and criminal complaints. - Canonical: https://www.webx.net.tr/en/blog/someone-is-using-my-trademark - Language: en - Last updated: 2026-10-11 - Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/) _Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._ --- If you have discovered that your trademark is being used without permission, the first step is **not litigation but evidence**. The moment the other side is warned they may take the use down, and proving that the infringement existed becomes markedly harder. The correct order is: 1. **Record the evidence** — screenshots, product photographs, a test purchase 2. **Verify the scope of your right** — which classes does the registration cover? 3. **Use the fast channels** — marketplace and platform notices 4. **Send a cease-and-desist letter** — most disputes end here 5. **Pursue civil and/or criminal routes** ## Step 1: Gathering Evidence What to collect: - **Visual record:** website, product label, signage, social media account, listing page — screenshots showing the date. - **A test purchase:** buying the product with an invoice or receipt is the strongest evidence, and the seller details on the invoice also establish who the other party is. - **Seller identity:** trade name, tax number, address, domain registration details. - **Extent:** how many channels, for how long, at what volume — this becomes decisive at the damages stage. For serious and continuing infringements, an application to the court for **preservation of evidence** is also possible, placing the evidence formally on record. ## Step 2: Verify the Scope of Your Right Before acting, check your own registration: - **Which classes** is the mark registered in? Does the use you are complaining about fall within that scope? - Is the registration **in force**? The renewal date may have passed. - If **five years have passed** since registration, the other side may ask you to prove use. Prepare your own use evidence too. This check is not idle: action taken against use outside your scope fails and gives the other side time to prepare. ## Step 3: Fast Channels — Platform Notices Where the infringement occurs online, this route operates independently of legal proceedings and usually produces the quickest result: - **Marketplaces** run brand protection programmes; a notice supported by a registration certificate can result in a listing being removed. - **Social media platforms** provide trademark infringement and impersonation reporting forms. See [Social Media Handles and Trademark Rights](https://www.webx.net.tr/en/blog/social-media-handles-and-trademark-rights). - **Search engine advertising** also has trademark complaint mechanisms. These channels do not exhaust your legal rights; they can run in parallel. ## Step 4: The Cease-and-Desist Letter A formal notice demanding that the infringement stop. It is not a precondition for litigation, but it serves three functions: - A significant proportion of disputes conclude at this stage without proceedings. - It documents that the other party knew of the infringement — continued use afterwards is then knowing use. - It records the time and the information for the purposes of a criminal complaint. When should you *not* send one? Where there is a real prospect that the other side will destroy evidence or clear stock rapidly, it may be better to consider preservation of evidence and interim relief first. ## Step 5: The Civil Route What a proprietor may claim: - **Cessation and prevention** of the infringing acts - **Removal of the infringement**; seizure and destruction of counterfeit goods and the means of production - **Pecuniary and non-pecuniary damages** - **Publication** of the judgment - **Interim injunction** — halting sales before proceedings conclude The competent court is the Civil Court for Intellectual and Industrial Property Rights; where none exists, the civil court of first instance designated for that purpose. For process and costs see [How to File a Trademark Lawsuit](https://www.webx.net.tr/en/blog/how-to-file-a-trademark-lawsuit). ## Step 6: The Criminal Route Trademark infringement is also an offence. Under Article 30 of the Industrial Property Code, a person who infringes a registered trademark right by identity or confusing similarity and produces, sells, imports or exports goods, or purchases or holds them for commercial purposes, is liable to **imprisonment from one to three years and a judicial fine of up to twenty thousand days**. Two conditions matter: - **The mark must be registered in Türkiye.** The criminal route is not available for unregistered marks. - **The offence is subject to complaint.** If the complaint period is missed, the route closes. The criminal route may be pursued alongside the civil one; they are not alternatives. See [Criminal Penalties for Trademark Infringement](https://www.webx.net.tr/en/blog/trademark-infringement-criminal-penalties-in-turkey). ## If It Is Coming Across the Border: Customs Where counterfeit goods are being imported, you may apply to the customs administration for the goods to be detained. This allows intervention before the product reaches the market: [Customs Seizure of Counterfeit Goods](https://www.webx.net.tr/en/blog/customs-seizure-of-counterfeit-goods). ## Which Route, and When? | Situation | Priority step | Why | | --- | --- | --- | | Sold on a marketplace | Platform notice | Fastest result, low cost | | Small-scale, local use | Cease-and-desist letter | Most files close here | | Production or sale on a commercial scale | Criminal complaint + civil action | Search and seizure effect | | Stock being cleared quickly | Interim injunction | Stops sales without waiting for judgment | | Importation involved | Customs application | Before the goods reach the market | | Impersonating social media account | Platform complaint | Removal of the account | ## If Your Mark Is Not Registered The infringement provisions and criminal protection apply to registered marks. For unregistered use, unfair competition provisions may be relied on, but the burden of proof is heavy and the criminal route is unavailable. In that case the priority is to file for [trademark registration](https://www.webx.net.tr/en/hizmetler/marka-tescil) before engaging with the infringement. For the legal framework of infringement see [What Is Trademark Infringement?](https://www.webx.net.tr/en/blog/what-is-trademark-infringement) ## Do Not Lose Time Time works against you in two ways: evidence disappears and complaint periods run. Share the records you hold and your registration details, and our [legal protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma) team will assess which channel will produce the fastest result. ## Sources - [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Art. 29: acts of infringement; Art. 149: claims; Arts. 150–151: damages - [Turkish Commercial Code No. 6102](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6102&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Arts. 54–63: unfair competition ## Frequently Asked Questions ### What should I do first? Gather evidence. Screenshots, product photographs, records of the sales page and, where possible, a test purchase with an invoice. Once the other side is warned they may remove the use, and proving the infringement becomes harder. ### Is a cease-and-desist letter compulsory? It is not a precondition for litigation. But it ends most disputes without proceedings and documents the other party's knowledge and the continuation of the infringement. In some situations, however, giving notice invites the destruction of evidence; the strategy should suit the file. ### My mark is not registered. Can I do anything? The infringement provisions and criminal protection apply to registered marks. For unregistered use, unfair competition provisions may be relied on, but the burden of proof is heavy and the criminal route is unavailable. The lasting solution is registration. ### It is being sold on a website and a marketplace. What can I do? Marketplaces and social media platforms have infringement notification mechanisms; a notice supported by a registration certificate can result in the listing being removed. This runs in parallel with legal routes and is usually the fastest. ### Can I claim damages? A proprietor may claim pecuniary and non-pecuniary damages alongside cessation and removal of the infringement. The amount depends on the loss proved and the calculation method chosen; no figure can be promised in advance. ## 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. - [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. - [How to File a Trademark Lawsuit: Protecting Your Rights in Court](https://www.webx.net.tr/en/blog/how-to-file-a-trademark-lawsuit): 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. - [Customs Seizure of Counterfeit Goods: The Brand Owner's Shield](https://www.webx.net.tr/en/blog/customs-seizure-of-counterfeit-goods): How does customs seizure of counterfeits work? A brand owner's customs application, detention deadlines, the destruction process and export-side risks. - [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. - [Requesting Revocation of an Unused Trademark: The TÜRKPATENT Procedure Step by Step](https://www.webx.net.tr/en/blog/trademark-revocation-for-non-use-request): How to request revocation for non-use in Turkey: the five-year count, the request form, 2026 fee and deposit, the owner's reply period, decision and appeal.