Trademark Registration in Turkey

Turkey, positioned as a global manufacturing and trade hub, offers immense opportunities for international brands. However, operating in this market without securing your intellectual property is a significant risk. Turkey follows a strict “First-to-File” system, meaning that generally, the first person to file the application is considered the owner—not necessarily the first person to use it.

For foreign investors planning the Establishment of a Company in Turkey, registering the trademark should be the very first step, often preceding the legal incorporation.

As a specialized Intellectual Property Law Firm in Turkey

Why is Registration Essential in Turkey?

Many international clients assume that their global fame or registrations in the EU/USA automatically protect them in Turkey. This is a misconception. Trademark rights are territorial. Without a valid registration in Turkey:

• You cannot stop competitors from using a similar name.
• Your goods may be seized by customs if a squatter registers your brand before you.
• You cannot effectively license your brand or franchise your business model.

The Preliminary Search: Avoiding “Dead on Arrival” Applications

The most critical step happens before the application is even filed. Filing blindly often leads to rejection, wasting 6-8 months of valuable time.

The “Likelihood of Confusion” Risk TÜRKPATENT examiners do not just look for identical marks; they look for similarity. If your brand is “TechPro” and there is an existing “TekPro” in the same class, your application will likely be refused ex-officio.

Our team conducts a Comprehensive Availability Search that includes:

• Identical Search: Checking exact matches.
• Phonetic & Visual Analysis: Assessing if a Turkish consumer would confuse your brand with an existing one.
• Meaning Check: Ensuring your brand name doesn’t have a negative or offensive meaning in the Turkish language.

The Application Process & Nice Classification

Turkey uses the international Nice Classification system (Classes 1-34 for goods, 35-45 for services).

Multi-Class Applications Turkey allows multi-class applications. This means you can file a single application covering both “Clothing” (Class 25) and “Retail Services” (Class 35).

• Strategic Tip: For e-commerce businesses, registering in Class 35 (Merchandising/Retail) is just as important as the product class itself.

Required Documents To file a trademark application in Turkey, we typically need:

1. Applicant Details: Full name, address, and tax number (if applicable).
2. Logo/Specimen: A high-resolution image of the trademark.
3. List of Goods/Services: A specific list of items to be protected.
4. Power of Attorney (PoA): For simple trademark filings, a notarization or apostille is generally NOT required. A simple signed PoA is sufficient for our attorneys to act on your behalf.
5. Priority Document: If you filed a trademark in another Paris Convention country within the last 6 months, we can claim that “Priority Date” in Turkey.

Examination by TÜRKPATENT: The First Hurdle

Once the application is submitted, it undergoes a formal examination by TÜRKPATENT experts.

Absolute Grounds for Refusal The examiner reviews the mark to ensure it is distinct. Common reasons for immediate rejection include:

• Descriptive Terms: You cannot register “Best Coffee” for a coffee shop.
• Deceptive Marks: Marks that mislead the public about the origin or quality of goods.
• Religious or Public Symbols: Flags, state emblems, or religious symbols are prohibited.

What if it gets rejected? (The Appeal Process) If the examiner refuses the application, it is not the end. We can file an appeal to the Re-Examination and Evaluation Board (YİDDK) within two months, providing evidence of “acquired distinctiveness” or arguing against the examiner’s decision.

Publication and The Opposition Period

If the application passes the initial examination, it is published in the Official Trademark Bulletin. This is the phase where third parties can intervene.

• Duration: The publication period lasts for 2 months.
• The Risk: During this time, any third party can file an opposition claiming your mark infringes on their prior rights or is registered in bad faith.
• The Defense: If an opposition is filed, the applicant has one month to submit a counter-statement. This is a complex legal procedure where we must prove that your mark is distinct and can co-exist with the opposer’s mark.

Registration and Maintenance

If no oppositions are filed (or if they are successfully defended), the registration fee is paid, and the Digital Trademark Registration Certificate is issued.

• Validity: 10 years from the filing date.
• Renewal: Can be renewed indefinitely for 10-year periods.

The “Use it or Lose it” Rule (Non-Use Cancellation) This is a crucial update in Turkish IP Law. If a registered trademark is not used commercially in Turkey for a continuous period of 5 years, it becomes vulnerable to cancellation.

• Competitors can now file a “Non-Use Cancellation Action” directly through TÜRKPATENT (administrative process) rather than going to court.
• Advice: We recommend keeping invoices, advertisements, and proof of sales in Turkey to prove genuine use in case of a challenge.

Beyond Registration: Enforcement & Customs

Obtaining the certificate is only half the battle. You must actively protect it.

• Trademark Watch Service: TÜRKPATENT does not notify you if someone files a similar brand. We offer a monthly monitoring service to detect and oppose copycat applications.
• Customs Recordal: Counterfeiting is a major issue. We can register your trademark with the Ministry of Trade to stop fake goods at the border. (For more details, see our guide on Anti-Counterfeiting and Customs Procedures).

National Filing vs. Madrid Protocol

Foreign investors often ask: “Should I file directly in Turkey or use the WIPO Madrid System?”

We generally recommend National Filing for key brands to avoid the “Central Attack” risk (where if your home mark is cancelled, your Turkish mark also falls).

Conclusion

Registering a trademark in Turkey is a structured legal process that demands strategic planning. From the classification of goods to defending against oppositions, every step requires professional oversight to avoid costly rejections.

Don’t leave your brand’s fate to chance. Contact Pi Legal Consultancy’s IP Department to secure your intellectual assets in Turkey today.