Trademark Lawyer in Istanbul, Turkey

This page is for foreign brand owners entering Türkiye, local businesses and online sellers who need to register a trademark, oppose a conflicting application, answer an opposition or stop counterfeits. As your trademark lawyer in Istanbul, we search the register, prepare filings and opposition briefs, represent you before TÜRKPATENT and the courts, and monitor your mark afterwards.

Trademark rights in Türkiye are governed by the Industrial Property Code No. 6769 (Sınai Mülkiyet Kanunu, SMK). As a rule, protection comes from registration with the Turkish Patent and Trademark Office (TÜRKPATENT), not from use. Selling under a name in Türkiye for years does not mean the name is registered to you. That gap is where most of the disputes we see begin.

When You Need a Trademark Lawyer in Turkey

Not every filing needs a lawyer. In the situations below, though, an early review usually costs far less than fixing the problem later:

• Foreign brands entering the market: Check who owns your mark in Türkiye before you sign a distribution, franchise or joint venture agreement. A local partner registering the brand in its own name is a recurring problem.
• New local businesses: Search before you spend money on signage, packaging and a website.
• E-commerce sellers: Many marketplace brand programmes ask for a registered mark or at least a pending application. Takedown requests against copycat sellers usually depend on it as well.
• Someone filed a similar mark: The opposition window is short and strict. Miss it, and the remaining route is an invalidation action, which takes longer and costs more.
• Your own application was opposed: The response has to be filed on time and backed by evidence.
• Counterfeits have appeared: Injunctions, evidence preservation, customs measures and the lawsuit need to be planned together.

How Trademark Registration Works in Türkiye

1. Clearance search

Before filing, we search the TÜRKPATENT database for identical and similar marks. Identical names are only the start. Phonetic, visual and conceptual similarity matter, and so does whether the goods or services overlap. The Office examines absolute grounds for refusal on its own initiative (SMK Art. 5), such as lack of distinctiveness. Conflicts with earlier marks, the relative grounds (SMK Art. 6), are generally raised only if an earlier rights holder files an opposition. So an application that passes examination can still be challenged.

2. Classes and specification

Goods and services are listed under the Nice Classification, which has 45 classes. Too narrow a list leaves gaps. Too broad a list invites oppositions and, later, revocation for non-use. We draft the specification around what you actually sell and what you plan to sell.

3. Filing

Applications are filed electronically through TÜRKPATENT's EPATS system with the mark, the owner's details, the list of goods and services and the official fee. If you filed the same mark abroad recently, you can generally claim Paris Convention priority within six months of that first filing; it must be claimed in the application.

On representation, the rules deserve care. An applicant may file personally, through a trademark attorney registered with TÜRKPATENT (marka vekili), or through a lawyer holding a power of attorney. In practice, applicants without a residence or seat in Türkiye act through a local representative. We confirm the current requirements for your file before filing, and where it helps we work alongside a registered trademark attorney.

4. Examination and publication

The Office checks formalities and absolute grounds. If there is no objection, the application is published in the Official Trademark Bulletin (Resmi Marka Bülteni). Marks found descriptive or non-distinctive may be refused in whole or in part at this stage.

5. Opposition period and registration

Third parties may oppose within two months of publication (SMK Art. 18). If no opposition is filed, or an opposition fails, the mark is registered once the registration fee is paid within the period the Office sets. Protection lasts ten years from the filing date and can be renewed for further ten-year periods (SMK Art. 23). Put the renewal date in your calendar.

Madrid Protocol designations

Türkiye is a member of the Madrid Protocol, so a foreign company can designate Türkiye through WIPO on the basis of its home application. TÜRKPATENT examines the designation much like a national filing and publishes it in the Bulletin. A provisional refusal has to be answered under Turkish procedure, through a local representative and within a short deadline. This is often the point at which foreign owners first need Turkish counsel.

Trademark Oppositions: Filing One and Answering One

Filing an opposition. If a confusingly similar mark appears in the Bulletin, a reasoned opposition must be filed and the fee paid within the two-month window. Common grounds are likelihood of confusion with an earlier mark, a well-known mark, bad-faith filing, and earlier rights in a trade name or an unregistered mark used in trade. Each ground needs evidence: registration records, invoices, advertising and proof of sales in Türkiye.

Answering an opposition. If your application is opposed, the Office notifies you and sets a period for your observations. Where the opposing mark has been registered for more than five years, you can as a rule ask the opponent to prove genuine use. Narrowing your specification or negotiating a coexistence agreement are also common ways to resolve the conflict.

A decision on the opposition can be appealed within the Office to the Re-examination and Evaluation Board (YİDK). The Board's decision can then be challenged before the Ankara Intellectual and Industrial Property Rights Civil Court. Both deadlines are short and run from notification.

Use Requirement and Revocation for Non-Use

A registered mark has to be put to genuine use for the registered goods and services. If, without a valid reason, it is not used within five years of registration, or use is suspended for an uninterrupted five years, it can be revoked on request (SMK Art. 9). Under the Code's transitional rules, revocation requests have been filed with TÜRKPATENT rather than the courts since 10 January 2024. Keep dated invoices, catalogues, packaging photos and advertisements. They answer both a revocation request and a proof-of-use demand in an opposition.

Trademark Infringement and Counterfeits

Unauthorised use of a registered mark is infringement. Under SMK Art. 149, the owner can ask the court to establish the infringement, prevent and stop it, award material and moral damages, seize infringing goods and, where appropriate, order their destruction. These claims are heard by the specialised Intellectual and Industrial Property Rights Civil Courts. Certain acts are also criminal offences under SMK Art. 30, so a criminal complaint may run alongside the civil case.

Speed matters with counterfeits. A preliminary injunction can be requested before or with the lawsuit (SMK Art. 159), and evidence can be preserved by court order if it may disappear. For imported goods, an application to Turkish Customs under Customs Law No. 4458 can suspend the release of suspected counterfeits. Once customs detains a shipment, the rights holder has a very short period to sue or obtain an injunction, so the documents should be ready in advance.

For online infringement, we first secure evidence (screenshots, seller details, test purchases), then choose between a marketplace complaint, a cease-and-desist letter and court action.

Documents You Will Need

• The mark itself (a clean image file for logos)
• Applicant details; for foreign companies, a commercial register extract
• The list of goods and services
• The priority document, if you claim priority
• A power of attorney for our office; if signed abroad, it needs an apostille and a sworn Turkish translation
• For oppositions and lawsuits, evidence of use and reputation

Timeline and Costs

Every file moves at its own pace, so treat the following as a rough guide. An application with no opposition and no objection from the Office is generally registered somewhere between a few months and about a year after filing. An opposition adds time. If the case goes to the YİDK and then to court, it can take years. Preliminary injunction requests are usually decided much faster.

Costs fall into three groups: TÜRKPATENT official fees (application, extra classes, opposition, registration, renewal), court fees and expenses where litigation is involved, and legal fees. Official fees are updated every year; check the current schedule on the TÜRKPATENT website. Each additional class increases the official fee.

What We Do for You

• Assessment: clearance search, registrability opinion and risk analysis.
• Drafting: specifications, oppositions, responses and YİDK appeals.
• Filing: handling the TÜRKPATENT procedure, coordinating with a registered trademark attorney where needed.
• Representation: invalidation and infringement actions, court challenges to YİDK decisions, preliminary injunctions and criminal complaints.
• Follow-up: Bulletin watching, renewal dates and organising your proof of use.
• Remote work: clients abroad can instruct us under a power of attorney without travelling to Türkiye. We work in English, French and Turkish, with Russian and Chinese support through native-speaking advisors at the office.

Common Mistakes

• Investing in a brand before searching the register.
• Letting a distributor or local partner register the mark in its own name.
• Filing in every class regardless of the actual business.
• Not watching the Bulletin and missing the two-month opposition window.
• Throwing away evidence of use.
• Waiting months after spotting counterfeits, which weakens an injunction request.

For more detail, read our guides on how to register a trademark in Turkey, filing a trademark opposition, brand protection for foreign companies, handling an infringement case, trademark invalidity cases and unfair competition and infringement. Our wider intellectual property services are described separately, and you can reach us through the contact page to discuss your file.

Frequently Asked Questions

Can a foreign company register a trademark in Turkey?

Yes. A foreign company can file a national application with TÜRKPATENT or designate Türkiye through the Madrid Protocol. In practice it acts through a local representative, and a power of attorney is usually enough, with no need to travel.

How long does trademark registration take in Turkey?

Without an opposition or an Office objection, it generally takes a few months to about a year. Oppositions, appeals to the YİDK and court challenges extend that considerably. No one can promise a fixed date.

What is the deadline to oppose a trademark in Turkey?

Two months from publication in the Official Trademark Bulletin (SMK Art. 18). The deadline is strict; after it, the usual route is an invalidation action in court.

How long does a Turkish trademark registration last?

Ten years from the filing date, renewable indefinitely for further ten-year periods on payment of the renewal fee.

Do I have to use my trademark in Turkey?

Yes. A mark not genuinely used for five years without a valid reason can be revoked on request, and an opponent can ask you to prove use in opposition proceedings.

Is a Madrid designation as good as a national filing?

It gives the same protection once accepted, but TÜRKPATENT still examines it. A provisional refusal or an opposition must be answered under Turkish procedure through a local representative.

What should I do if I find counterfeits of my brand in Turkey?

Keep dated evidence, consider a test purchase and speak to a lawyer before contacting the seller. Depending on urgency, the options include a preliminary injunction, court-ordered evidence preservation and a customs application.

How much does a trademark cost in Turkey?

Official fees depend on the number of classes and are updated every year; the current schedule is on the TÜRKPATENT website. Legal fees depend on the scope of the work.