Google Ads and the Use of Competitor Trademarks: Practice in Turkey and Risks for Foreign Companies

Google Ads and the Use of Competitor Trademarks: Practice in Turkey and Risks for Foreign Companies

Google Ads and keyword advertising are now standard tools for entering the Turkish market. Yet using a competitor’s registered trademark as a keyword or in ad text is not just aggressive marketing; under Turkish law it can amount to trademark infringement and unfair competition.

Legal framework under Turkish law

Trademark protection is governed mainly by Industrial Property Law No. 6769 (“IP Law”). Article 7/3(d) provides that using the same or a similar sign “on the internet as a domain name, routing code, keyword or in similar forms” in a way that creates commercial impact, without a right or legitimate connection, may infringe the trademark. Article 29 lists such unauthorized use among the acts that constitute trademark infringement and gives the right holder access to civil remedies such as cessation of infringement, damages and seizure of infringing materials.

In addition, the unfair competition rules of the Turkish Commercial Code (TCC) prohibit misleading and reputation-exploiting marketing practices and are frequently invoked alongside trademark claims in online advertising disputes, including those concerning search-based advertising.

Court and authority practice on keyword advertising

Turkish courts have repeatedly accepted that bidding on a competitor’s registered mark as a Google Ads keyword may infringe trademark rights and constitute unfair competition, especially when the ad leads users to a competing site and exploits the value or reputation of the branded term. In the well-known “Çiçek Sepeti” decision, upheld by the Court of Cassation (11th Civil Chamber), the advertiser’s use of the plaintiff’s mark as an AdWords keyword was found to infringe the trademark and to amount to unfair competition.

Regulators have followed a similar line. The Advertisement Board has issued decisions on Google Ads, holding that selecting another company’s trade name or trademark as a keyword is misleading for consumers and creates unfair advantage from the reputation of that mark; in such cases it has ordered the suspension of the advertisements and imposed administrative sanctions. These decisions underline that in Turkey responsibility for keyword selection rests with the advertiser and that “invisible” use of a mark as a keyword can still be actionable, even if the trademark does not appear in the visible text of the ad.

Legitimate vs. unlawful keyword strategies

Not every keyword strategy is problematic. Using generic or descriptive terms (for example, “hotel Istanbul” or “cheap flights”) as keywords is generally acceptable even if those words also appear in third-party trademarks, provided the ad does not mislead consumers or unfairly target a particular competitor.

By contrast, systematically bidding on a competitor’s distinctive trademark, especially where the ad text is vague about the advertiser’s identity or indirectly refers to the competitor’s brand, will very likely be viewed as trademark infringement and unfair competition by Turkish courts, given the explicit reference to keyword use in the IP Law and the existing case law.

Key risks for foreign advertisers

Foreign companies often manage Google Ads campaigns from outside Turkey and may underestimate local legal risks. Nevertheless, if ads are targeted at users in Turkey – for example by geo-targeting, Turkish-language keywords or prices in TRY – Turkish IP and unfair competition rules will generally apply. The main consequences are:

• preliminary injunctions ordering the immediate suspension of the ads;
• civil lawsuits for trademark infringement and unfair competition, with claims for damages and disgorgement of profits;
• strong evidential tools (such as notary-certified screenshots) that make it difficult to deny the infringing campaign later.

In serious or repeated cases, criminal complaints or additional administrative investigations may also be considered under the enforcement provisions of the IP Law. Multinational groups should be aware that Turkish claimants may sue both the foreign parent company and any Turkish subsidiary or distributor involved in the marketing.

Compliance recommendations for Google Ads in Turkey

To minimise exposure when advertising in Turkey, foreign companies should:

• conduct trademark clearance for main keywords, including Turkish and international registrations designating Turkey;
• avoid bidding on competitors’ distinctive trademarks, particularly in brand-focused campaigns;
• ensure that ad text clearly identifies the advertiser and does not imply any corporate link, sponsorship or equivalence with a named competitor; and
• use negative keywords to prevent ads from appearing in searches consisting solely of a competitor’s brand.

Conclusion

Keyword advertising in Google Ads remains a powerful tool for entering or expanding in the Turkish market. However, treating competitor brand bidding as a routine marketing tactic can lead to costly litigation and regulatory action. A careful, compliance-driven keyword strategy – grounded in respect for registered trademarks and transparent communication with users – is essential for foreign companies that wish to benefit from digital advertising while staying within the boundaries of Turkish law.