How Can I File a Trademark Infringement Lawsuit in Turkey? 2026 Legal Guide

Image: Av. Ferhat Küle media archive

Trademark infringement is a serious concern for foreign companies, international brands and entrepreneurs operating in the Turkish market. Unauthorized use of a registered trademark may result in financial losses, customer confusion, reputational damage and the distribution of counterfeit products.

A company may discover that another business is using its brand name, selling products bearing its logo or advertising goods under a confusingly similar trademark.

In such circumstances, the trademark owner may ask:

How can I file a trademark infringement lawsuit in Turkey and stop another company from using my brand?

Under Turkish law, trademark owners may seek judicial protection against unauthorized commercial use of their registered trademarks. Depending on the circumstances, remedies may include cessation of infringement, preliminary injunctions, compensation and measures concerning infringing goods.

The principal legislation governing trademark infringement is the Turkish Industrial Property Code No. 6769.

What Constitutes Trademark Infringement in Turkey?

Trademark infringement occurs when a person or business uses a protected trademark in a manner that violates the exclusive rights of its owner.

Article 29 of the Turkish Industrial Property Code identifies acts constituting trademark infringement.

These may include unauthorized use of a registered trademark, imitation of a trademark, commercial dealings involving counterfeit products and unauthorized expansion or transfer of licensed trademark rights.

Examples of potentially infringing conduct include:

• Selling counterfeit products bearing another company’s trademark.
• Using a registered brand name on competing products without authorization.
• Using a confusingly similar logo for related goods or services.
• Advertising products under another company’s trademark in a misleading manner.
• Importing or exporting counterfeit branded merchandise.
• Using a protected trademark in online commercial activities without a legitimate basis.

However, the mere appearance of a trademark in advertising, commentary or another communication does not automatically establish infringement.

The manner of use, commercial context, relevant goods and services and applicable legal exceptions must be examined.

Can a Foreign Company File a Trademark Infringement Lawsuit in Turkey?

Yes.

Foreign individuals and companies may enforce trademark rights in Turkey where the applicable legal requirements are satisfied.

A foreign company does not generally need to establish a Turkish subsidiary merely to initiate proceedings concerning its protected trademark.

However, trademark protection is territorial.

Registration of a trademark in the European Union, United Kingdom or United States does not automatically create a Turkish national trademark registration.

Protection in Turkey may be obtained through a national registration before the Turkish Patent and Trademark Office or through an international registration designating Turkey under the Madrid System.

In certain circumstances, earlier rights or the protection afforded to well-known marks may also be relevant.

Before filing a lawsuit, the company’s trademark registration, ownership and scope of protection should be reviewed.

What Should I Do If Someone Is Using My Trademark in Turkey?

The first step is to identify and preserve evidence of the allegedly infringing activity.

Trademark owners should avoid relying exclusively on informal communications or screenshots that may later become unavailable.

Depending on the circumstances, relevant evidence may include:

• Turkish trademark registration records.
• Photographs of counterfeit products.
• Product packaging and labels.
• Online advertisements and website screenshots.
• Social media accounts and commercial posts.
• Marketplace listings.
• Purchase invoices.
• Distribution records.
• Correspondence with the suspected infringer.
• Samples of the infringing products.

Where necessary, evidence may be preserved through appropriate notarial or judicial procedures.

This is particularly important where the infringing goods may be removed from the market or online listings may be deleted.

Is Sending a Legal Notice Mandatory Before Filing a Lawsuit?

Sending a legal notice may be useful, but it is not a universal prerequisite for every trademark infringement action.

A formal notice may identify the trademark owner’s rights, describe the infringing conduct and demand that the unauthorized use cease.

Depending on the circumstances, the notice may request that the recipient:

• Stop using the trademark.
• Remove infringing advertisements.
• Discontinue sales of counterfeit products.
• Withdraw unauthorized product listings.
• Provide information concerning relevant commercial activities.
• Confirm that the infringing conduct will not continue.

However, sending a warning before securing evidence may sometimes create practical difficulties.

For example, the recipient may immediately delete online advertisements or remove counterfeit goods.

The appropriate sequence of legal steps should therefore be determined according to the circumstances of the infringement.

How Can I File a Trademark Infringement Lawsuit in Turkey?

Trademark infringement lawsuits are governed primarily by Law No. 6769.

Article 149 provides several remedies to owners whose industrial property rights have been infringed.

Depending on the case, the trademark owner may request:

1. Determination of trademark infringement.
2. Prevention of threatened infringement.
3. Cessation of ongoing infringement.
4. Compensation for material and moral damage.
5. Seizure of infringing products.
6. Measures preventing further infringement.
7. Publication of the final judgment where legally justified.

The lawsuit should identify the protected trademark, the defendant’s conduct and the specific remedies requested.

The court will examine whether the allegedly infringing sign falls within the scope of the trademark owner’s legal protection.

Which Court Handles Trademark Infringement Cases in Turkey?

Civil trademark infringement disputes fall within the jurisdiction of the competent Civil Courts of Intellectual and Industrial Property Rights.

Where no specialized intellectual property court has been established, the relevant Civil Court of First Instance may hear the matter in its designated capacity.

Article 156 of the Industrial Property Code regulates jurisdiction and venue.

For lawsuits filed by trademark owners against third parties, jurisdiction may depend on factors such as the claimant’s domicile, the location of the infringing conduct or the place where its effects are observed.

Special rules also apply where the claimant has no domicile in Turkey.

Consequently, foreign companies should determine the appropriate court before commencing proceedings.

Can I Obtain an Injunction to Stop Trademark Infringement Immediately?

Potentially, yes.

Trademark infringement proceedings may involve urgent circumstances, particularly where counterfeit goods are being sold or a commercial campaign is causing continuing harm.

Article 159 of Law No. 6769 allows qualifying rights holders to request an interlocutory injunction.

Depending on the circumstances, the court may order measures intended to prevent or stop infringement or preserve relevant infringing goods.

For example, a trademark owner may request an injunction to prevent the continued distribution of counterfeit products while the main proceedings are pending.

However, an injunction is not automatic.

The applicant must satisfy the applicable legal requirements and provide sufficient supporting evidence.

The court may also require security under the relevant procedural rules.

Can I Claim Compensation for Trademark Infringement in Turkey?

Yes.

Article 150 of the Industrial Property Code provides for compensation where industrial property rights have been infringed.

Depending on the facts, a trademark owner may seek compensation for material losses and other legally recoverable damage.

The potential financial consequences of infringement may include lost sales, reduced commercial opportunities and damage resulting from unauthorized exploitation of the trademark.

In certain circumstances, damage to the reputation of the protected right may also justify additional compensation.

For example, counterfeit products manufactured with inferior materials may harm the reputation of a brand whose legitimate products meet substantially higher quality standards.

The existence and amount of damage must be evaluated according to the evidence and applicable legal provisions.

How Is Trademark Infringement Compensation Calculated?

Article 151 provides specific methods for assessing loss of revenue.

Depending on the rights holder’s election and the circumstances, the calculation may be based on:

The trademark owner’s lost revenue: Revenue that could have been obtained if the infringing competition had not occurred.

The infringer’s net revenue: Net revenue obtained through the infringing activity.

A hypothetical licence fee: The amount that would have been payable had the infringer lawfully obtained permission to use the trademark.

The court may also consider the economic significance of the trademark, the nature and duration of infringement and relevant licensing arrangements.

Trademark compensation is therefore not necessarily limited to the amount the infringer received from an individual sale.

However, compensation is not automatically awarded merely because a trademark owner alleges that an infringement occurred.

The applicable basis and supporting evidence must be established.

Is Mediation Mandatory Before a Trademark Infringement Lawsuit?

The answer depends on the claims being pursued.

Under Turkish commercial law, mandatory mediation generally applies to commercial disputes involving qualifying monetary claims, including compensation claims arising from trademark infringement.

Therefore, where a trademark owner seeks monetary compensation, the requirement for pre-litigation mediation must be examined before filing proceedings.

By contrast, standalone claims seeking determination or cessation of infringement may be treated differently from monetary compensation claims.

Where compensation and non-monetary remedies are pursued together, the procedural position should be assessed carefully.

Importantly, a request for urgent provisional protection should not be confused with the substantive compensation proceedings.

Can Trademark Infringement Lead to Criminal Proceedings?

Yes, certain forms of trademark infringement may also result in criminal liability.

Article 30 of Law No. 6769 contains criminal provisions concerning trademark infringement.

These provisions may apply to particular activities involving counterfeit trademarks and goods, subject to the statutory requirements.

For criminal liability under Article 30, the trademark must be registered in Turkey.

The relevant offences are also subject to complaint requirements.

Consequently, a civil trademark infringement lawsuit and a criminal complaint are separate legal mechanisms.

Not every civil infringement automatically constitutes a criminal offence.

Can Counterfeit Products Be Seized in Turkey?

Depending on the circumstances, yes.

The Industrial Property Code provides remedies concerning products that infringe industrial property rights.

The trademark owner may seek appropriate measures concerning counterfeit goods, including seizure and measures preventing the continuation of infringement.

Where justified, the court may also order the removal of infringing trademarks from products or other measures contemplated by law.

These remedies are particularly relevant for international brands whose products are manufactured, imported, exported or distributed without authorization.

What If the Defendant Claims That the Trademark Has Not Been Used?

This issue may become relevant where the claimant relies on a trademark that has been registered for a significant period.

Article 29 refers to the proof-of-use defence regulated under Article 19 of the Industrial Property Code.

Accordingly, where the statutory conditions are satisfied, the defendant may request evidence of genuine use of the trademark.

This issue is particularly important where registration covers numerous goods or services but commercial use has been limited.

Trademark owners should therefore preserve evidence of genuine use, including invoices, advertisements, packaging and distribution records.

How Long Does a Trademark Infringement Lawsuit Take?

There is no single fixed duration for trademark infringement litigation in Turkey.

The length of proceedings may depend on:

• The complexity of the trademark comparison.
• The number of defendants.
• The amount of evidence.
• Expert examination.
• Compensation calculations.
• Procedural objections.
• Appeals and other legal remedies.

Where urgent protection is required, an application for an interlocutory injunction may be considered separately from the expected duration of the substantive proceedings.

Conclusion: How Can Trademark Owners Enforce Their Rights in Turkey?

Foreign and domestic trademark owners may seek judicial protection against unauthorized commercial use of their protected trademarks in Turkey.

Under Law No. 6769, available remedies may include determination and cessation of infringement, compensation, preliminary injunctions and measures concerning infringing products.

However, the appropriate legal strategy depends on the trademark registration, the nature of the unauthorized use and the evidence available.

For international businesses, early action is particularly important where counterfeit products, unauthorized distributors or online sellers are involved.

Preserving evidence, verifying the trademark’s protection in Turkey and correctly identifying the available legal remedies are essential steps in pursuing a trademark infringement claim.

Frequently Asked Questions

Can I sue a Turkish company for using my trademark?

Yes, where the company infringes trademark rights protected under Turkish law and the applicable legal requirements are satisfied.

Does my EU trademark automatically protect me in Turkey?

No. Trademark protection is territorial. Protection covering Turkey must be established through an applicable legal mechanism.

Can I claim damages for unauthorized trademark use?

Yes. Articles 150 and 151 of Law No. 6769 regulate compensation and the assessment of lost revenue.

Can a court stop the sale of counterfeit products?

The court may order appropriate measures where the statutory requirements are satisfied, including provisional protection and measures concerning infringing goods.

Is trademark infringement a crime in Turkey?

Certain forms of infringement may constitute criminal offences under Article 30 of the Industrial Property Code.

Can I sue before the infringement causes significant losses?

Depending on the circumstances, preventive remedies and interlocutory injunctions may be available where the legal conditions are satisfied.

Related reading: Trademark misuse on Instagram. Official reference: TÜRKPATENT legislation.