Introduction
Search engine advertising is one of the most important digital marketing tools used by businesses in Turkey. Companies use Google Ads and similar search advertising systems to appear above organic results when consumers search for products, services, brands, locations, competitors, generic terms or commercial keywords. This type of advertising is highly effective because it reaches consumers at the exact moment they are actively searching for information or intending to purchase.
However, search engine advertising and keyword advertising under Turkish law create significant legal risks. A business may use a competitor’s trademark as a keyword. It may write an ad title that includes a third party’s brand name. It may bid on a famous mark to direct consumers to its own website. It may use misleading statements such as “official distributor,” “authorized service,” “best clinic,” “lowest price,” or “original product” without evidence. It may use search ads in sensitive sectors such as healthcare, food supplements, financial services, illegal betting or children’s products. Each of these practices may be assessed under Turkish advertising law, trademark law, unfair competition law and personal data protection law.
In Turkey, search engine advertising is not a law-free area. A paid search result is a commercial advertisement. The fact that the advertisement appears through an automated platform does not remove the advertiser’s responsibility. The Advertising Board has expressly considered search engine advertisements and Google search result promotions in its decisions. For example, in its 343rd meeting dated 12 March 2024, the Board assessed sponsored Google search results triggered by the term “netflix” and held that certain advertisements were misleading and capable of causing unfair competition where consumers were directed to other websites through ad titles referring to Netflix.
This article explains the legal rules applicable to search engine advertising in Turkey, including keyword selection, competitor trademarks, ad copy, misleading search results, unfair competition, trademark infringement, targeted advertising, personal data, sector-specific restrictions, Advertising Board sanctions and practical compliance steps for advertisers.
What Is Search Engine Advertising?
Search engine advertising is a paid advertising model where a business pays to show its advertisement when users search for selected words or phrases. The advertisement may appear above, below or next to organic search results. The most common system is Google Ads, but the same legal principles may apply to other search engines and search-based advertising systems.
The key feature is intent-based targeting. The advertiser chooses keywords, and the ad is shown when a user searches those terms. Keywords may be generic, such as “best laptop,” “car insurance,” “hair transplant Istanbul,” or “online English course.” They may be descriptive, such as “same day delivery flowers.” They may also include brand names, competitor marks, product names, clinic names, hotel names, app names or platform names.
Search engine advertising usually includes three separate elements: the selected keyword, the displayed advertisement text and the landing page. All three elements are legally relevant. Even if the keyword is invisible to the consumer, it may affect whether a consumer searching for a specific brand is directed to a competitor. The visible ad text may mislead consumers if it includes another brand’s name or suggests an official relationship. The landing page may also create liability if it repeats misleading claims or creates confusion.
Therefore, legal review of search advertising should not be limited to the visible ad headline. The advertiser should review the keyword list, negative keywords, ad groups, dynamic keyword insertion, automated headlines, extensions, landing pages and tracking practices.
Legal Framework Under Turkish Law
Search engine advertising in Turkey is governed by several legal regimes. The first is consumer protection and advertising law, mainly Law No. 6502 on the Protection of Consumers and the Regulation on Commercial Advertising and Unfair Commercial Practices. Under this framework, advertisements must be truthful, honest, transparent and not misleading.
The second is unfair competition law, mainly Articles 54 and 55 of the Turkish Commercial Code. Search advertising may create unfair competition if it misleads consumers, exploits a competitor’s reputation, creates confusion, diverts customers through deceptive methods, or gives false information about the advertiser’s products or business.
The third is trademark law, mainly Law No. 6769 on Industrial Property. Trademark protection is obtained through registration, and the registered trademark owner has exclusive rights to prevent unauthorized use of identical or confusingly similar signs for goods or services within the scope of registration. Law No. 6769 also defines acts that constitute trademark infringement, including unauthorized use of a trademark in the forms covered by the statutory protection.
The fourth is personal data protection law. Search advertising may involve cookies, remarketing lists, customer match tools, conversion tracking, device identifiers, user behavior analysis and targeted advertising. In 2026, Turkish advertising rules were amended to require advertisers using targeted advertising to provide consumers with direct and easily accessible information on the criteria used to show ads and how those criteria can be changed; targeted advertising directed at children through profiling based on personal data was prohibited.
Because search engine advertising sits at the intersection of advertising, IP, competition and data protection, a campaign may be lawful under one area but risky under another. For example, an ad may be properly labeled as sponsored but still infringe trademark rights. Alternatively, use of a competitor’s brand as a keyword may not automatically be visible to consumers, but the ad copy and landing page may still create confusion or unfair competition.
Is Keyword Advertising Considered Advertising?
Yes. Search engine advertising is a commercial advertisement when it promotes goods, services, brands or commercial activity. It does not matter that the ad is generated through an automated bidding system. If a business pays for visibility and seeks to influence consumer decisions, the content is advertising.
The Advertising Board’s decisions confirm this approach. The Board has examined Google search advertisements and treated sponsored results as advertisements subject to consumer protection and advertising law. In one 2024 decision, the Board assessed a Google search result where a business appeared with a sponsored ad using the term “Netflix” in the title and directed consumers to another website; the Board found the promotion misleading and capable of causing unfair competition.
This means advertisers cannot defend themselves merely by saying that the search engine generated the result or that the platform suggested the keyword. In another decision from the same Advertising Board bulletin, the Board expressly considered that keyword selection offered by the search engine or keywords/headlines entered into the system are within the advertiser’s responsibility when assessing whether the advertisement misled consumers.
For legal compliance, advertisers should assume that they are responsible for the keywords they select, the ad text they approve, the automated text they allow and the landing pages to which they direct consumers.
Competitor Trademarks as Keywords
One of the most debated issues is whether a business may use a competitor’s trademark as a keyword. For example, a local streaming service may bid on “Netflix,” a clinic may bid on a competitor clinic’s name, a repair service may bid on a device manufacturer’s brand, or an e-commerce seller may bid on a famous product mark.
Turkish law does not provide a simple one-sentence rule saying that every use of a competitor mark as a keyword is always lawful or always unlawful. The legal assessment depends on the overall circumstances. However, the risk is high where the keyword strategy creates confusion, exploits another brand’s reputation, suggests an official connection, misleads consumers or diverts users searching for a specific trademark.
The risk increases significantly if the competitor’s trademark appears in the visible ad text. If a consumer searches for Brand A and sees an advertisement titled “Brand A – Official Service” but is directed to Brand B or an unauthorized service provider, the advertisement may be misleading, may constitute unfair competition and may potentially infringe trademark rights.
The Advertising Board’s Netflix-related decisions are instructive. In one case, a sponsored Google result displayed the title “Netflix – Şimdi İzlemeye Başla” and directed consumers to the advertiser’s website. The Board considered the advertisement misleading and capable of causing unfair competition. In another case, a sponsored advertisement included “Netflix – Online alışveriş – Aradığın her şey,” and the Board again assessed the presentation as misleading, considering the association with another video streaming platform and the advertiser’s responsibility for keyword and headline choices.
The practical rule is clear: using another party’s trademark in search advertising requires extreme caution. If the ad gives the impression that the advertiser is the trademark owner, an authorized distributor, official service provider, licensed seller, partner or affiliated business when this is not true, the risk is substantial.
Trademark Infringement Risk
Keyword advertising may also raise trademark infringement issues. Under Law No. 6769, the registered trademark owner has exclusive rights and may prevent unauthorized use of identical or confusingly similar signs for goods or services within the scope of registration. The law recognizes the possibility of confusion, including the likelihood of association with the registered mark, as a key element in certain cases.
In search advertising, trademark infringement risk may arise where the competitor’s trademark is used as a visible sign in the ad title, ad text, display URL, landing page title, meta description, product listing or call extension. The risk is higher if the ad is for identical or similar goods or services and the consumer may believe there is an economic connection between the advertiser and the trademark owner.
Even invisible keyword use may create disputes if it results in consumer confusion or if the ad and landing page exploit the trademark’s reputation. However, the strongest cases usually involve visible use of the mark, misleading official-status claims or use of the mark in a way that suggests affiliation.
Advertisers should also be careful with dynamic keyword insertion tools. These tools may automatically insert the searched term into the ad headline. If the user searches a competitor’s trademark and the system inserts that mark into the ad, the advertiser may unintentionally publish an infringing or misleading ad. Automated systems do not eliminate responsibility.
Unfair Competition Risk
Search engine advertising may constitute unfair competition if it violates good faith, misleads consumers or improperly benefits from a competitor’s reputation. The Turkish Commercial Code’s unfair competition framework is designed to protect honest and undistorted competition. In practical terms, search advertising may be unfair if it diverts consumers through confusion, false superiority claims, misleading official-status statements or deceptive comparisons.
Examples of risky search ads include:
“Brand X Official Service” used by an unauthorized repair company.
“Brand X Turkey Distributor” used by a seller that has no distributorship.
“Brand X Alternative – Better and Cheaper” without substantiated comparison.
“Brand X Discount” directing users to unrelated products.
A competitor’s trademark used in the ad title to attract clicks.
A search ad claiming “authorized clinic” without authorization.
A search ad using a famous mark merely to capture traffic.
The Advertising Board’s “Kobra” example is also relevant. In its 343rd meeting, the Board assessed a Google search ad appearing for “Kobra Evrak İmha ve Harddisk İmha Makineleri” keywords, where the ad used “Türkiye Distribütörü” even though the advertiser was not the distributor. The Board concluded that the search ad manipulated consumers’ searches and benefited from trust in the relevant firm, misleading consumers and leading them to purchase goods or services.
This decision shows that unfair competition risk does not only arise from famous marks. It may also arise from false authority, false distributorship, false official status or manipulation of consumer search intent.
Misleading Search Ad Copy
The visible text of a search advertisement must be accurate. Search ads are short, but shortness does not reduce legal responsibility. Because consumers often click quickly, even a few misleading words can affect economic behavior.
High-risk expressions include:
“Official website”
“Authorized dealer”
“Turkey distributor”
“Original product”
“Best price”
“Lowest price”
“Certified clinic”
“Doctor recommended”
“Guaranteed result”
“Free service”
“Same day delivery”
“No risk”
“100% original”
If these expressions are not true and documented, they may be misleading. A business should not use “official” unless it is truly the official website of the brand or service. It should not use “authorized” unless there is a valid authorization. It should not use “distributor” unless there is a legally valid distributorship. It should not claim “lowest price” unless it can prove the claim in the relevant market and time period.
A common mistake is assuming that the landing page can clarify the ad. If the search ad itself creates a misleading first impression, later clarification may not cure the problem. Consumers make a click decision based on the search result. Therefore, the ad headline and description must be accurate on their own.
Landing Page Responsibility
The landing page is part of the advertising experience. A search ad may be lawful in isolation but misleading when combined with the landing page. Conversely, a landing page may intensify the misleading effect created by the ad.
A landing page should clearly identify the advertiser. If the advertiser is not the trademark owner, authorized service, official distributor or affiliated company, the page should not create that impression. Logos, brand names, product images, layout, domain names and disclaimers should be reviewed carefully.
Disclaimers may help, but they are not always sufficient. A small statement such as “not affiliated with Brand X” placed at the bottom of the page may not cure a headline saying “Brand X Official Service.” The dominant impression matters.
Landing pages should also support any price, performance, health, environmental or comparison claim made in the ad. If the ad says “free consultation,” the landing page should not impose hidden fees. If the ad says “same day delivery,” the landing page should disclose limitations. If the ad says “authorized service,” the page should prove the authorization.
Search Ads in Healthcare and Sensitive Sectors
Some sectors face stricter advertising limits. Healthcare, dental clinics, aesthetic procedures, food supplements, cosmetics, medical devices, financial services, gambling-related services and children’s products require special care.
The Advertising Board has examined search engine advertisements in healthcare. In its 358th meeting, the Board assessed Google search advertisements for healthcare-related services and found that certain sponsored search promotions exceeded permitted informational limits and created a commercial advertising appearance in the healthcare field. In one case, a Google search for “Ankara kürtaj en iyi doktor” led to a sponsored advertisement for a doctor’s website; the Board found that the sponsored promotion created demand for services and exceeded the permitted information boundary under healthcare advertising rules.
This decision is important for clinics, doctors, dentists, aesthetic centers, hair transplant providers and medical tourism agencies. A search keyword may be generic, but the ad may still be unlawful if sector-specific rules prohibit demand-creating, comparative, superiority-based or commercial promotional language.
Similarly, food supplements should not be advertised as medicines. Cosmetics should not be advertised as disease treatments. Financial service ads should not imply guaranteed profit. Search advertising in regulated sectors should be reviewed under both general advertising law and special legislation.
Targeted Search Advertising and Personal Data
Search engine advertising increasingly involves targeted advertising. Advertisers may use remarketing lists, customer match, similar audiences, location targeting, demographic filters, conversion tracking, device identifiers and behavioral data. This creates personal data and transparency issues.
The 2026 amendments to Turkish advertising rules specifically address targeted advertising. The Ministry of Trade stated that advertisers may conduct targeted advertising based on analysis of online behavior and personal data only if consumers are given direct and easily accessible information about the criteria used to show the advertisement and how those criteria can be changed. The same amendments prohibit targeted advertising directed at children through profiling based on personal data.
For search engine campaigns, this means advertisers should review whether they are using remarketing, audience lists, search behavior, customer data uploads or personalized ad targeting. If so, they should provide appropriate information, obtain valid consent where required under KVKK, and avoid profiling-based targeting of children.
Search ads may appear simple from the consumer’s perspective, but behind the scenes they may involve extensive data processing. Legal review should therefore include both the advertisement and the targeting technology.
Dynamic Keyword Insertion and Automated Ads
Modern search advertising platforms offer automation tools such as dynamic keyword insertion, automatically generated headlines, responsive search ads and AI-assisted ad creation. These tools can increase performance but also increase legal risk.
Dynamic keyword insertion can place the user’s search term into the ad headline. If the user searches for a competitor’s trademark, the competitor’s mark may appear in the advertiser’s ad text. This may create trademark infringement, misleading advertising and unfair competition risk.
Responsive search ads combine multiple headlines and descriptions. An advertiser may approve individual lines that seem lawful separately, but the platform may combine them into a misleading message. For example, one headline may say a competitor’s brand name, while another says “official service.” Together, the ad may falsely imply authorization.
AI-generated ads create similar concerns. In 2026, Turkish advertising rules introduced new obligations for AI-generated advertisements, including disclosure where AI-generated digital characters cannot be distinguished from real humans and prohibition of AI-generated digital copies of real persons that create false experience or recommendation impressions. Although these rules are not limited to search ads, they reflect a broader principle: automation does not excuse misleading advertising.
Advertisers should manually review automated search ad outputs, use negative keywords, block competitor marks where necessary and maintain logs of approved ad combinations.
Comparative Search Advertising
Search ads often include comparison claims such as “better than Brand X,” “cheaper than competitors,” “alternative to Brand X,” or “Brand X equivalent.” Comparative advertising is not automatically prohibited, but it must comply with strict conditions.
A lawful comparative ad should be objective, verifiable, fair and not misleading. It should compare goods or services meeting the same need or intended for the same purpose. It should not denigrate competitors, exploit their reputation unfairly or create confusion. It should not use unsupported superiority language.
A risky search ad would be: “Better than Brand X – 50% cheaper – official alternative.” Unless every part of this statement is provable and not misleading, the ad may create legal exposure. Even the term “alternative” may be risky if consumers believe the advertiser is affiliated with the trademark owner.
Comparative search advertising should be reviewed carefully before publication. The advertiser should preserve evidence supporting the comparison and ensure that the ad does not use the competitor’s trademark beyond what is legally necessary and fair.
Domain Names and Display URLs
Search advertisements often display a website address or display URL. The display URL can also mislead consumers. If a domain name includes a competitor’s trademark, the risk increases significantly.
Examples of risky domains include:
brandx-servis.com
brandx-turkiye.com
brandx-yetkili-servis.net
brandx-destek.com
brandx-klinik.com
If the advertiser is not authorized by the trademark owner, such domains may create a false impression of official connection. Even if the ad text avoids misleading words, the domain name itself may mislead consumers.
Advertisers should also avoid using competitor trademarks in URL paths, display URLs, sitelink extensions and callout extensions in a way that creates confusion. Trademark law and unfair competition law may apply to these uses.
Evidence and Monitoring
Search advertising changes quickly. Ads may run for short periods, vary by location, appear only to certain users or be generated dynamically. This makes evidence important.
Advertisers should keep records of:
Keyword lists.
Negative keyword lists.
Ad copy versions.
Responsive search ad combinations.
Dynamic keyword insertion settings.
Landing page screenshots.
Campaign dates.
Targeting criteria.
Audience lists.
Bidding settings.
Ad approvals.
Trademark authorization documents.
Price and claim substantiation files.
Competitors and trademark owners should also preserve evidence if they detect infringement or misleading ads. Screenshots should show the search term, date, location, ad label, ad text, URL and landing page. Because search results vary by user, time and device, evidence should be collected carefully and repeatedly.
Advertising Board Sanctions
Unlawful search advertisements may lead to Advertising Board sanctions. These may include suspension of the advertisement, correction, administrative fines, temporary suspension and access blocking for online content.
For 2026, the Ministry of Trade announced that administrative fines for misleading advertisements and unfair commercial practices may range from 99,339 TL to 39,916,524 TL, depending on the nature of the violation, benefit obtained, harm caused, fault, economic situation of the violator, advertising medium and whether the unfair practice occurs nationally or through advertising.
The Board’s search advertising decisions show that sponsored results can be sanctioned where they mislead consumers or create unfair competition. The Netflix-related sponsored search results and the “Türkiye Distribütörü” search ad example demonstrate that search ad wording, keyword strategy and responsibility for platform-entered or advertiser-entered terms are all relevant.
In addition to administrative sanctions, search advertising disputes may result in trademark infringement lawsuits, unfair competition claims, preliminary injunction requests, damages claims and removal demands sent to search engines.
Practical Compliance Checklist for Search Engine Advertising
Advertisers should apply the following checklist before launching search ads in Turkey:
Identify whether the keywords include competitor trademarks, product names or protected signs.
Avoid using competitor trademarks in visible ad text unless legally justified.
Do not claim official status, authorization, distributorship or partnership unless documented.
Use negative keywords to prevent unwanted competitor trademark triggers.
Review dynamic keyword insertion settings.
Review responsive search ad combinations manually.
Ensure landing pages do not create confusion with competitor brands.
Substantiate all price, superiority, health, environmental and performance claims.
Avoid false “official,” “authorized,” “best,” “lowest price,” “guaranteed” or “original” statements.
Review sector-specific restrictions for healthcare, cosmetics, food supplements, financial services and children’s products.
Provide transparency for targeted advertising criteria.
Avoid profiling-based targeted advertising directed at children.
Keep records of keyword lists, ad copies, targeting settings and approvals.
Monitor live search results regularly.
Respond quickly to complaints, takedown requests and Advertising Board inquiries.
Best Practices for Brands Protecting Their Trademarks
Trademark owners should actively monitor search engine advertising. Competitors may use their trademarks as keywords or in ad text. Unauthorized service providers may appear as official dealers. Counterfeit sellers may use paid ads. Clinics, hotels, software providers, e-commerce sellers and financial service providers are especially vulnerable.
Brand owners should periodically search their trademarks, common misspellings, product names and service names. They should collect dated screenshots, preserve URLs and landing pages, and document consumer confusion where possible. They may then consider search engine complaint procedures, cease-and-desist letters, Advertising Board complaints, trademark infringement lawsuits or unfair competition claims.
However, enforcement should be proportionate. Not every appearance near a competitor’s search term automatically justifies litigation. The key question is whether there is confusion, misleading presentation, unfair exploitation or unauthorized trademark use.
Conclusion
Search engine advertising and keyword advertising under Turkish law require careful legal review. Google Ads and similar systems are powerful marketing tools, but they also create legal risk when advertisers use competitor trademarks, misleading ad titles, false official-status claims, unsupported price or superiority claims, automated keyword insertion or targeted advertising based on personal data.
The Advertising Board has already treated sponsored Google search results as advertisements subject to Turkish consumer protection rules. Its decisions concerning search results triggered by “netflix” and advertisements using “Türkiye Distribütörü” show that misleading search ads may be considered deceptive and capable of causing unfair competition.
Trademark law also plays a central role. Under Law No. 6769, registered trademark owners have exclusive rights and may prevent unauthorized use of identical or confusingly similar signs in relevant goods and services. Search ads that use a competitor’s trademark visibly or create an impression of affiliation may therefore lead not only to Advertising Board sanctions but also to trademark infringement and unfair competition disputes.
For businesses advertising in Turkey, the safest strategy is to treat search engine campaigns as legally sensitive commercial advertisements. Keywords, ad text, landing pages, targeting criteria and automation settings should be reviewed together. Competitor marks should not be used to create confusion. Official-status claims should be avoided unless documented. Dynamic keyword insertion should be controlled. Sensitive sectors should receive additional legal review. Targeted advertising must comply with transparency and data protection principles.
A compliant search advertising strategy protects consumers from confusion, protects competitors from unfair diversion and protects advertisers from fines, lawsuits and reputational damage. In Turkey’s digital advertising market, successful search campaigns should not only generate clicks; they should also be transparent, accurate, lawful and fair.
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