Attorney + Partner Lawyers

Trademark Legal
Protection Service

8,985 customer reviews

In trademark infringement, unfair competition, oppositions and IP litigation, we handle TÜRKPATENT proceedings as a registered attorney and protect your rights with our partner lawyers at the court stage.

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  • Trademark infringement and unfair competition actions
  • TÜRKPATENT oppositions and counter-statements
  • Court and enforcement proceedings
  • International intellectual property protection
  • 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. Deadlines are short: 2 months to oppose a publication, 1 month to respond to an opposition.
Urgent Consultation

In Brief: What Is Trademark Legal Protection?

Trademark legal protection is the advisory service that protects a registered or pending trademark in TÜRKPATENT opposition and response proceedings, in infringement and unfair-competition actions before the courts, and against counterfeit goods at customs. The opposition period is 2 months from publication and the period to respond to an opposition is 1 month from notification; missing these deadlines can lead to a loss of rights that is hard 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: 2 months · Response: 1 month

  • 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 / 1 Month
    Opposition / response period
  • 5 Years
    Non-use revocation threshold
  • 3 Years
    Maximum limitation period for unfair-competition actions (Commercial Code Art. 60)
  • %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.
Client Testimonials

What Do Clients Who Received
Legal Support Say?

8,985 customer reviews
  • ★★★★☆
    "Marka danışmanlığı bizim ana işimiz değil ama müşteriler bu konuda da bizden çözüm bekliyor; benzer başvuruya itiraz etmek için dosya hazırladık. Süreç bizim açımızdan kontrollü il..."
    E
    Enes B.
    Verified Client
  • ★★★★★
    "Dosyanın hukuki ve operasyonel takibini yürüttük. yeni yatırım öncesinde isim ve marka risklerini değerlendirmek istedik. Sorularımıza kısa sürede dönüş yapıldı. Gayet düzenli iler..."
    K
    Kerem C.
    Verified Client
  • ★★★★★
    "Ajans olarak müşterilerimizin marka süreçlerinde düzenli takip bizim için önemli. Başvuru tarafında ihtiyaç duyduğumuz bilgileri hızlıca alabildik. Özellikle karşı görüş sürecinde..."
    N
    Neslihan G.
    Verified Client
See All Reviews
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FAQ

Frequently Asked
Questions

Ask us anything you want to know about trademark law.

Consult an Expert

  • Trademark legal protection covers TÜRKPATENT opposition and counter-statement proceedings, trademark infringement and unfair competition actions, damages claims, customs protection applications, licence and assignment agreements, and intellectual property law advice. Webx handles TÜRKPATENT oppositions in its capacity as trademark attorney; at the court stage, the work is carried out with partner lawyers or your own lawyer.

  • A trademark opposition 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. It must be filed within 2 months of publication (Industrial Property Law Art. 18). Applications filed in bad faith are also refused upon opposition (Art. 6/9). Webx handles TÜRKPATENT oppositions in its capacity as trademark attorney.

  • The trademark opposition period is 2 months from the date an application is published in the Official Trademark Bulletin (Industrial Property Law Art. 18). The deadline is strict; once missed, the right to oppose is lost. The owner of the opposed application can then file a counter-statement within 1 month of being notified of the opposition (Implementing Regulation Art. 28).

  • A counter-statement is the written defence you file with TÜRKPATENT when a third party opposes your application, within 1 month of being notified of the opposition (Implementing Regulation Art. 28). If it is not filed in time, the opposition is decided on the information and documents already on file; a request for proof of use can also only be made within this period.

  • If a trademark opposition is rejected by TÜRKPATENT, the party affected by the decision can appeal to the TÜRKPATENT Re-examination and Evaluation Board (YİDK) within 2 months of being notified of the decision (Industrial Property Law Art. 20). 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; at the court stage, the work is carried out with partner lawyers or your own lawyer.

  • Trademark infringement is the unauthorised use of a sign identical to your registered trademark, or so similar that it creates a likelihood of confusion; it constitutes infringement of trademark rights under Industrial Property Law Art. 29. Two channels are used to detect it: our Trademark Watch service flags similar applications filed with TÜRKPATENT, while field and marketplace monitoring reveals actual infringing use in the market.

  • When trademark infringement is detected, the first step is generally to send the other party a cease-and-desist letter demanding that the use stop. Before that, the infringement and the evidence are assessed. If the letter produces no result, litigation seeking cessation, prevention and damages is initiated; at the court stage, the work is carried out with partner lawyers or your own lawyer.

  • In a trademark infringement action, 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. These claims are set out in Industrial Property Law Art. 149, while the provisions on damages are in Arts. 150–151. The court stage is handled with partner lawyers or your own lawyer.

  • In a trademark damages action, the general limitation periods for torts apply: 2 years from becoming aware and, in any event, 10 years from the act. If the claim is based on unfair competition, Turkish Commercial Code Art. 60 applies: 1 year from becoming aware and, in any event, 3 years. Because these periods can vary with the specific case, seeking legal advice without delay is recommended.

  • Unfair competition and trademark infringement are not the same thing. Trademark infringement is a specific protection arising from a registered trademark and is assessed under Industrial Property Law Art. 29. Unfair competition, under the Turkish Commercial Code, provides broader protection; these provisions can also be invoked where unregistered signs are used in bad faith. The limitation period for unfair competition actions is 1 year from becoming aware and, in any event, 3 years (Turkish Commercial Code Art. 60).

  • Yes, under certain conditions trademark infringement carries criminal sanctions: infringement of trademark rights is an offence under the Industrial Property Law punishable by imprisonment and a judicial fine. Criminal proceedings can also be initiated upon the trademark owner's complaint. The complaint and the subsequent court stage are handled with partner lawyers or your own lawyer.

  • Counterfeit goods can be stopped at customs by registered trademark owners applying to the customs authorities for "seizure at customs" (border measures). Through this application, counterfeit or imitation goods can be prevented from entering or leaving the country. Customs protection applications fall within the trademark legal protection service, alongside TÜRKPATENT oppositions and infringement actions.

  • If you suffer trademark infringement abroad and 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. Because trademark rights are territorial, a Turkish registration gives no automatic protection abroad, so registration in the target country is decisive.

  • A trademark licence agreement should be drafted with a lawyer's support because, if the scope, term, territory, quality control and termination conditions of the licence are not clearly defined, the value of the trademark can suffer or the mark may face revocation for non-use. A trademark not used without a justified reason for 5 years from registration can be revoked (Industrial Property Law Arts. 9 and 26). A professional agreement prevents these risks.

  • Legal support matters in a franchise agreement because the legal basis of the 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. Drafting trademark licence agreements and franchise agreements is also part of the legal protection service.

  • Yes, there are legal risks in a trademark assignment. The assignment agreement must be in writing and notarised to be valid; failing to record the assignment properly in the TÜRKPATENT register may mean it cannot be asserted against third parties (Industrial Property Law Art. 148). The drafting of the agreement and the register entry should therefore be managed together.

  • Revocation for non-use is the cancellation, at the request of interested parties, of a trademark that, without a justified reason, has not been genuinely used within 5 years of registration, or whose use has been suspended for 5 consecutive years (Industrial Property Law No. 6769, Arts. 9 and 26). Since 10 January 2024, such requests have been decided by TÜRKPATENT rather than the courts; proof of use is critical in these proceedings.

  • If a competitor has registered a domain name that could be confused with your trademark, a cease-and-desist letter can first be sent to the domain owner on the basis of your trademark rights. If necessary, domain dispute resolution mechanisms (for example the relevant administrative procedures for .tr extensions) or litigation can be pursued. At the court stage, the work is carried out with partner lawyers or your own lawyer.

  • For social media accounts imitating your trademark, you can request removal of the account by submitting your registration certificate and evidence of infringement through the platform's trademark infringement reporting mechanism. For persistent infringements, legal steps such as a cease-and-desist letter and litigation can also be initiated; at the court stage, the work is carried out with partner lawyers or your own lawyer.

  • A trademark infringement complaint on an e-commerce marketplace is made through the trademark infringement reporting forms of platforms such as Trendyol, Hepsiburada and Amazon, with your registration certificate and evidence of infringement. Webx can manage this reporting process on your behalf. If the platform report does not resolve the matter, a cease-and-desist letter or litigation can follow; at the court stage, the work is carried out with partner lawyers or your own lawyer.

  • In opposition and counter-statement proceedings, earlier evidence of use, registration certificates, market research, consumer perception surveys and comparable case law can be used as evidence in the submissions. The deadlines for these submissions are short: an opposition must be filed within 2 months of publication and a counter-statement within 1 month of notification, so evidence should be gathered early.

  • Trademark law cases are heard by the civil courts for intellectual and industrial property rights; where none exist, the civil courts of first instance have jurisdiction. Actions against TÜRKPATENT decisions are brought before the Ankara Civil Court for Intellectual and Industrial Property Rights. At the court stage, Webx works with partner lawyers or your own lawyer, while it handles oppositions before TÜRKPATENT in its capacity as trademark attorney.

  • No, the legal protection service does not cover litigation alone. Pre-litigation risk analysis, cease-and-desist letters, settlement negotiations, contract drafting and preventive advice are also covered, as are TÜRKPATENT opposition and counter-statement proceedings. Litigation is treated as a last resort, and at the court stage the work is carried out with partner lawyers or your own lawyer.

  • Legal protection without trademark registration is limited; for unregistered marks, mainly the unfair competition provisions of the Turkish Commercial Code are available. Protection against infringement of trademark rights under Industrial Property Law Art. 29 arises from a registered trademark. The limitation period for unfair competition actions is 1 year from becoming aware and, in any event, 3 years (Turkish Commercial Code Art. 60). For the strongest protection, we recommend registering first through our Trademark Registration service.

  • When deciding between settlement and litigation, cost, time, whether you want to keep the business relationship and the strength of the evidence are weighed together. On that basis, we recommend the most suitable strategy, either settlement negotiation or litigation, together with our partner lawyers. Litigation is treated as a last resort; the final decision is always yours.

  • In an urgent trademark infringement case, a preliminary assessment and legal action plan are delivered within 48 hours. This assessment reviews the infringement and the evidence you hold. Time-critical steps such as preliminary injunctions are handled as a priority; for these court-stage requests, the work is carried out with partner lawyers or your own lawyer.
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