The penalty for using a registered trademark without the proprietor's consent is set out in Article 30 of the Industrial Property Code (No. 6769): imprisonment from one to three years and a judicial fine of up to twenty thousand days. Two conditions must be met for the offence to arise: the mark must be registered in Türkiye, and the proprietor must make a complaint.
Below we set out the elements of the offence, which acts fall within it, the complaint procedure and the steps a proprietor should take.
Trademark infringement usually brings to mind a damages claim. But under Turkish law, infringing a trademark right is also a criminal offence carrying a prison sentence. This is the most powerful deterrent available to a trademark owner — and the most severe consequence for counterfeiters. This article covers the elements of the offence, the penalty, the complaint mechanism, and the steps a trademark owner should follow.
The Legal Basis of the Offence
Article 30 of Industrial Property Law No. 6769 sets out the criminal provisions relating to trademark infringement. Under this article, a person who infringes another party's trademark right through iktibas (identical reproduction) or iltibas (imitation to a degree that causes confusion), by:
- manufacturing goods or supplying services,
- offering for sale or selling,
- importing or exporting,
- purchasing, holding, transporting or storing for commercial purposes
faces imprisonment from one to three years and a judicial fine of up to twenty thousand day-units.
The article also regulates two further acts:
- Removing a trademark protection mark: A person who, without authority, removes a sign indicating trademark protection from goods or their packaging faces one to three years' imprisonment and a judicial fine of up to five thousand day-units.
- Unauthorised disposal: A person who, without authority, disposes of another party's trademark right by assignment, licence or pledge faces two to four years' imprisonment and a judicial fine of up to five thousand day-units.
The Precondition of the Offence: Registration
This point needs to be underlined: criminal protection is available only for registered trademarks. If your mark is not registered, you cannot file a criminal complaint no matter how long you have been using it. What is left to you is a civil action based on the unfair competition provisions of the Turkish Commercial Code — a slower, harder route with less deterrent effect.
We set out the concrete costs of not registering in 10 Problems Faced by Businesses Without Trademark Registration.
What Do Iktibas and Iltibas Mean?
- Iktibas: Identical copying of the mark. The most common form seen in counterfeit goods.
- Iltibas: Imitation that, without being identical, is close enough to cause consumer confusion. A changed letter, a similar typeface, or a similar colour scheme fall within this category.
The assessment is made from the perspective of the average consumer, not an expert. A defence of "there's a difference if you look closely" generally does not succeed — what matters is the first impression on the shelf.
The boundary of the offence should also be drawn clearly here. Case law holds that acts falling outside the alternative acts listed in the statute cannot be punished. In other words, not every trademark dispute is automatically a crime — one of the acts named in the statute, such as manufacturing, selling, importing/exporting, or holding for commercial purposes, must actually take place. A consumer who buys a counterfeit product for personal use does not fall within this scope.
Who Bears Criminal Responsibility?
One of the most common questions in practice is who the responsibility falls on:
- Company officers: The offence is committed by natural persons; legal entities cannot be sentenced to imprisonment. Responsibility falls on the officers who carried out the act or made the decision.
- The manufacturer: The heaviest responsibility in the chain sits with manufacturing.
- The seller: Sale and holding for commercial purposes are also among the alternative acts. However, the law contains a special provision for a seller who discloses their supplier and enables the manufacturer to be identified.
- The carrier and warehouse operator: Transport and storage for commercial purposes also fall within scope; whether they acted knowingly is assessed.
Customs Detention: A Border Measure
A significant portion of counterfeit goods enters the country through imports. A trademark owner can apply to the customs administration to have suspicious shipments bearing their mark stopped. This is extremely effective because it allows intervention before the product reaches the market.
For the system to work, the trademark owner must have filed the application in advance and supplied the information customs needs to recognise the product — trademark images, features of the genuine product, and a list of authorised importers. In other words, this protection is not automatic; it requires preparation.
The Complaint Requirement and Its Deadline
The offence of trademark infringement is subject to complaint. This means the prosecutor's office does not open an investigation on its own initiative; a complaint from the trademark owner (or the licensee, if the agreement allows it) is required.
Timing is critical when exercising the right to complain: the statutory complaint period begins running once the act and the offender become known. If this period is missed, the criminal route closes and only a civil action remains. This is why you need to act as soon as you discover the infringement.
The law also contains a special provision for a seller who discloses who supplied the goods, enabling the manufacturer to be identified and apprehended — a mechanism designed to encourage reaching the real source of the chain.
How Does the Process Work?
- Gathering evidence: A sample of the counterfeit product, sales receipts, dated screenshots of listings, photographs of the point of sale, and a notarised determination if available.
- Complaint petition: Filed with the Chief Public Prosecutor's Office, together with the registration certificate and evidence of the infringement.
- Search and seizure: On the prosecutor's request, and on the basis of a judge's order, the counterfeit goods can be seized. This is the step that most effectively stops the infringement in practice.
- Expert examination: A technical assessment of whether the goods are counterfeit.
- Indictment and trial: Heard before the intellectual and industrial property criminal court.
The Criminal and Civil Routes Run Side by Side
A criminal complaint does not compensate you for the loss you have suffered. A separate civil action is needed for material and moral damages, reputational damages and lost profit. Comparing the two routes:
| Criminal route | Civil route | |
|---|---|---|
| Purpose | Punishment, stopping the infringement | Remedying the loss |
| Speed | Fast practical result through seizure | Longer |
| Outcome | Imprisonment / judicial fine | Damages, injunction, destruction |
| Requirement | Registration + complaint | Registration, or unfair competition |
We explain the structure of a civil action in How to File a Trademark Lawsuit. For the full range of infringement types, see What Is Trademark Infringement?
Is Sending a Cease-and-Desist Letter Necessary?
It is not mandatory, but it is strategically valuable in most cases:
- It removes the other side's "I didn't know" defence and documents intent.
- Many infringements end at the cease-and-desist stage without further cost.
- It demonstrates your good faith in any future lawsuit.
On the other hand, be aware that a cease-and-desist letter can also give the other side the chance to destroy evidence. Against a large-scale manufacturer, proceeding straight to a search-and-seizure request may be the sounder move instead of a warning letter. The strategy should be set according to the scale of the infringement.
Infringements on Online Platforms
A significant share of counterfeit sales today runs through marketplaces and social media. Three channels can be run in parallel here:
- In-platform complaint: Registering with a marketplace's brand protection programme using your registration certificate and requesting a listing takedown is the fastest route.
- Criminal complaint: Applicable if the seller's identity can be established.
- Civil action: To recover the loss.
Our articles on Trademark Registration for E-Commerce Sellers and Amazon Brand Registry will guide you through marketplace processes.
Gathering evidence online also demands a different kind of care. A screenshot on its own is weak evidence; the capture should show the full page address, the date and time, and the seller's identity, and where possible a notarised determination of the webpage should be obtained. Buying the product as a trial purchase and keeping it together with its invoice is one of the strongest pieces of evidence, as it documents both the infringement and the seller's identity at once.
A Practical Checklist for Trademark Owners
- Is your mark registered in the goods/services class where the infringement is taking place?
- Is the term of protection still running, and has it been renewed?
- When did you first learn of the infringement? Is the complaint deadline running?
- Is your evidence dated and verifiable?
- What is the scale of the infringement — a single seller, or a manufacturing chain?
- Is a parallel customs measure needed?
Do Not Waste Time if You Face an Infringement
In a trademark infringement case, time is decisive — for the freshness of the evidence, for the complaint deadline, and for how much the loss in the market grows.
At Webx we stand by trademark owners from detecting the infringement through the complaint process, from the cease-and-desist letter through to litigation. Explore our legal protection service or contact us for an urgent assessment.