Expert Attorney Team

Trademark Legal
Protection Service

Our expert attorney team protects your legal rights in trademark infringement, unfair competition, opposition proceedings and intellectual property cases.

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17+ Years of Experience %85+ Opposition Success Rate 130+ Country Network GDPR/KVKK Compliant Digital Client Portal
If your trademark is being infringed, don't waste time. Opposition and counter-statement periods are very short (2 months).
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In Brief: What Is Trademark Legal Protection?

Trademark legal protection is a legal advisory service covering the protection of a registered or pending trademark in TÜRKPATENT opposition/counter-statement proceedings, in infringement and unfair competition actions before the courts, and against counterfeit goods at customs. Opposition and counter-statement periods are limited to 2 months from the publication date; missing these deadlines can cause a loss of rights that is difficult to remedy.

Service Areas

Our Legal Support
Practice Areas

TÜRKPATENT Opposition & Counter-Statement

Opposing another trademark application or defending your own trademark against an opposition.

Opposition period: 2 months

Unfair Competition

Initiating legal action and claiming damages against users of similar unregistered marks.

Civil + Criminal action

Court Cases

Representation in infringement, cancellation and counterfeiting cases. Commercial court experience.

Damages + Injunction

International Protection

International legal protection against trademark infringement in the EU, USA and other countries.

Network of 130+ countries

Privacy & Licensing

Trademark license contracts, franchise agreements and data protection compliance.

Contract drafting

Legal Research

Comprehensive research report on brand valuation, risk analysis and competition law.

Detailed report
Why Does It Matter?

Cases Where Action
Is Not Taken in Time
Are Lost

Deadlines are extremely critical in trademark law. There are narrow windows for oppositions, filing lawsuits and submitting evidence.

2 Months
TÜRKPATENT opposition/counter-statement period
5 Years
Non-use revocation threshold
10 Years
Unfair competition limitation cap
%85+
Our opposition success rate
Process

Legal Support Process

1
Situation Assessment
We assess your infringement/opposition situation and your evidence within 48 hours.
2
Legal Strategy
Settlement, opposition or litigation — we recommend the strategy that suits you best.
3
Official Procedure
A cease-and-desist letter, an opposition/counter-statement submission or a statement of claim is prepared and filed.
4
Follow-up and Outcome
Developments are tracked from your portal throughout the process and the outcome is reported.
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FAQ

Frequently Asked
Questions

Ask us anything you want to know about trademark law.

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It covers TÜRKPATENT opposition and counter-statement proceedings, trademark infringement and unfair competition actions, damages claims, customs protection applications, license/assignment agreements and intellectual property law advice.

It is the formal notice of opposition you file with TÜRKPATENT when you believe that a trademark application published in the Official Trademark Bulletin is likely to be confused with your own registered or pending trademark.

An opposition must be filed within 2 months (60 days) of the publication date in the bulletin. This period is strict and the right to oppose is lost once it passes.

It is the defense statement you submit to TÜRKPATENT in response when a third party opposes your application. If no counter-statement is submitted, the opposition generally risks being upheld without further examination.

An appeal can be filed with the TÜRKPATENT Re-examination and Evaluation Board (YİDK). There is also a right to bring an action against the Board's decision before the Ankara Civil Court for Intellectual and Industrial Property Rights.

It is the unauthorized use of a sign identical to your registered trademark, or so similar that it creates a likelihood of confusion. Our Trademark Watch service detects applications filed with TÜRKPATENT, while field/marketplace monitoring detects actual use infringements.

A cease-and-desist letter is generally sent to the other party demanding that the use stop; if that produces no result, litigation (cessation, prevention, damages) is initiated.

Claims such as cessation and prevention of the infringement, pecuniary and non-pecuniary damages, seizure and destruction of the goods, and publication of the court decision can be raised.

The general limitation periods for torts apply (2 years from becoming aware and, in any event, 10 years from the act); because this can vary with the specific case, seeking legal advice without delay is recommended.

Trademark infringement is a specific protection arising from a registered trademark. Unfair competition, under the Turkish Commercial Code, provides broader protection; where unregistered signs are used in bad faith, the unfair competition provisions can also be invoked.

Yes. Under certain conditions, infringement of trademark rights is an offense under the Industrial Property Law carrying imprisonment and a judicial fine; criminal proceedings can also be initiated upon complaint.

Registered trademark owners can apply to the customs authorities for "seizure at customs" (border measures) to stop counterfeit or imitation goods entering or leaving the country.

If your trademark is registered in the country concerned, legal proceedings are initiated in cooperation with local lawyers under that country's intellectual property legislation; our 130+ country network coordinates the process.

If the scope, term, territory, quality control and termination conditions of a license are not clearly defined, the value of the trademark can suffer or the mark may risk revocation for non-use; a professional agreement prevents these risks.

The legal basis of a franchise agreement is a registered trademark; if trademark use rights, territorial exclusivity and termination terms are not structured correctly, both franchisor and franchisee are left exposed.

Yes. Failing to record an assignment agreement properly in the TÜRKPATENT register may mean the assignment cannot be asserted against third parties; the agreement and the register entry must be managed together.

A trademark not used continuously for 5 years from the registration date can be revoked by court decision at the request of interested third parties; proof of use is critical in such cases.

On the basis of your trademark rights, a cease-and-desist letter can be sent to the domain owner and, if necessary, domain dispute resolution mechanisms (for example the relevant administrative procedures for .tr extensions) or litigation can be pursued.

Your registration certificate can be submitted to platforms' trademark infringement reporting mechanisms to request removal of the account; for persistent infringements, legal proceedings can also be initiated.

Applications are made through the trademark infringement reporting forms of platforms such as Trendyol, Hepsiburada and Amazon, with your registration certificate and evidence of infringement; our legal team can manage this process on your behalf.

Earlier evidence of use, registration certificates, market research, consumer perception surveys and comparable case law can all be used as evidence in opposition and counter-statement submissions.

The civil courts for intellectual and industrial property rights have jurisdiction (civil courts of first instance where none exist); actions against TÜRKPATENT decisions are brought before the Ankara Civil Court for Intellectual and Industrial Property Rights.

No. Pre-litigation risk analysis, cease-and-desist letters, settlement negotiations, contract drafting and preventive advice are also covered; litigation is treated as a last resort.

The scope of protection for unregistered trademarks is limited (only the unfair competition provisions are available); for the strongest protection we recommend registering first through our Trademark Registration service.

Weighing cost, time, your wish to continue the commercial relationship and the strength of the evidence, our lawyers recommend the strategy that suits you best (settlement negotiation or litigation); the final decision is always yours.

In urgent cases a preliminary assessment and legal action plan are delivered within 48 hours; time-critical steps such as preliminary injunctions are handled as a priority.
Blog

Guides on This Topic

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