Trademark Lawyer in Turkey, Istanbul

Blay’s Office advises companies, entrepreneurs and international rights holders on trademark law in Turkey. If you need a Trademark Lawyer in Turkey, we can assess filing strategy, oppositions, infringement risks, licensing issues and court proceedings. Blay’s Office coordinates the entire trademark matter, including TÜRKPATENT formalities through an authorised trademark attorney where required.

A trademark matter in Turkey may combine TÜRKPATENT proceedings with legal advice, negotiations or court litigation. Blay’s Office coordinates these parts of the file so that the registration strategy, Office deadlines and any contentious proceedings follow the same legal approach.

Trademark Lawyer in Turkey: how we assist international clients

• Pre-filing review: assessment of the sign, the intended goods and services, prior rights and the commercial scope of the application.
• Filing and TÜRKPATENT strategy: choice between a direct Turkish application and an international designation through the Madrid System, with coordination of the required Office formalities.
• Oppositions and appeals: analysis of earlier rights, likelihood of confusion, proof of use and procedural deadlines.
• Enforcement: cease-and-desist strategy, evidence review, preliminary measures, civil claims, criminal complaints and customs options where the legal conditions are met.
• Commercial use of the mark: licensing, coexistence, settlement and contractual issues connected with trademark rights in Turkey.

Trademark registration in Turkey: main stages

A registration strategy should start with the mark itself and the goods or services that the business plans to protect. The Nice Classification determines the classes, but class numbers alone do not define the legal scope of the application. The wording of the goods and services also matters.

1. Search and clearance. A prior-right search can identify registered marks and pending applications that may create an objection or opposition risk. A search reduces uncertainty but cannot guarantee registration.
2. Application. The applicant files the sign and the list of goods or services. A direct application goes to TÜRKPATENT. An international applicant may also designate Turkey through the Madrid System when the treaty requirements are met.
3. Examination. TÜRKPATENT examines the application on the statutory grounds for refusal. If the Office refuses the application in whole or in part, the applicant may challenge the decision within the applicable two-month period.
4. Publication. TÜRKPATENT publishes an application in the Official Trademark Bulletin after it passes examination.
5. Opposition. Third parties have two months from publication to oppose the application.
6. Registration. If no third party files an opposition, or if the applicant succeeds in the opposition process, TÜRKPATENT can register the mark after the applicant completes the required formalities and fees.

Direct filing or Madrid System for protection in Turkey?

Foreign companies can protect a trademark in Turkey through a direct national application or, when eligible, through the Madrid System. The right route depends on the applicant’s existing portfolio, target countries, classes and the likelihood of local proceedings.

When a person or company domiciled outside Turkey files before TÜRKPATENT, Turkish law requires an authorised trademark attorney to represent that applicant. Blay’s Office coordinates the direct filing and related TÜRKPATENT formalities through an authorised trademark attorney where required. The Madrid System provides a separate international filing route through WIPO, while refusals, oppositions and other local procedures may still require action in Turkey.

Trademark oppositions, proof of use and appeals

An opposition requires more than a comparison of two names. The parties may need to address the protected goods and services, the distinctive elements of each sign, earlier rights, use evidence and the relevant public. The legal assessment depends on the grounds raised in the opposition.

• Opposition deadline: two months from publication of the application.
• Proof of use: when TÜRKPATENT registered the earlier trademark at least five years before the relevant date, the applicant may request proof of genuine use for the goods or services relied upon.
• Appeals within TÜRKPATENT: a party may challenge a decision covered by the statutory appeal mechanism before the Re-Examination and Evaluation Board within two months from notification.
• Court challenge: a party may bring an action against a final Board decision before the competent Ankara Intellectual and Industrial Rights Civil Court within two months from notification.

Trademark infringement and litigation in Turkey

Trademark disputes often begin before a court claim. A rights holder may first need to preserve evidence, identify the seller or importer, review the registration and assess whether the disputed use falls within the protected scope. The next step depends on the evidence and the commercial objective.

• Cease-and-desist letters and settlement: a formal notice can demand that the disputed use stop and can set out settlement terms where this serves the client’s position.
• Preliminary measures: a court may grant interim protection when the claimant proves the statutory and procedural conditions.
• Civil proceedings: claims may concern infringement, prevention of use, compensation, removal or destruction of infringing material and related remedies permitted by Turkish law.
• Criminal and customs measures: counterfeit goods may also raise criminal-law and customs issues. The correct procedure depends on the conduct, the goods and the evidence available.

Blay’s Office reviews the Turkish legal position, prepares the enforcement or litigation strategy and handles court proceedings within the scope of the lawyer’s mandate. Where the same matter also requires action before TÜRKPATENT, the firm coordinates those formalities through an authorised trademark attorney so that the Office procedure and the court strategy remain aligned.

Non-use revocation in Turkey: the five-year rule

A registered trademark can face revocation when the proprietor has not put it to genuine use in Turkey for the protected goods or services within the statutory five-year period, unless a proper reason for non-use applies. A mark can face partial revocation if the proprietor uses it for part of the registered goods or services.

Since 10 January 2024, TÜRKPATENT has authority under Article 26 of the Industrial Property Code to decide trademark revocation requests on grounds that include non-use. This administrative procedure replaced the former court-based route for the revocation grounds covered by Article 26.

Trademark term and renewal in Turkey

A Turkish trademark registration lasts 10 years from the filing date. The proprietor may renew it for further 10-year periods. The renewal request should be made during the six months before expiry. Turkish law also provides a six-month period after expiry in which renewal remains possible upon payment of the additional fee.

Representation before TÜRKPATENT and Turkish courts

Turkish law distinguishes between representation before the courts and representation before TÜRKPATENT. A person domiciled outside Turkey who acts before TÜRKPATENT must use an authorised trademark attorney for the procedures covered by that requirement. Court disputes, injunctions and infringement claims follow the rules governing legal representation before the Turkish judiciary.

Blay’s Office coordinates the entire trademark matter. This includes the legal assessment, filing strategy, TÜRKPATENT formalities through an authorised trademark attorney where required, negotiations and court proceedings. International clients therefore have one coordinated strategy across the administrative and contentious parts of the file.

Trademark procedure in Turkey: quick reference

Related trademark and IP work in Turkey

• Trademark infringement and unfair competition disputes.
• Opposition and appeal strategy before TÜRKPATENT.
• Trademark licensing, coexistence and settlement agreements.
• Anti-counterfeiting measures and customs-related legal work.
• Intellectual property litigation and commercial disputes involving brand rights.

Speak with a Trademark Lawyer in Turkey

If your company plans to file a trademark, has received an opposition or faces infringement in Turkey, send us the mark, the relevant goods or services and any TÜRKPATENT or WIPO documents already received. Blay’s Office can identify the legal issue, the applicable deadline and the next procedural step.

Contact Blay’s Office for advice on trademark protection, disputes and enforcement in Turkey.