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Key questions answered
- Can a Foreigner Register a Trademark in Turkey?
- What Can Be Registered as a Trademark in Turkey?
- Should I Search for Existing Turkish Trademarks Before Applying?
Foreign companies and entrepreneurs entering the Turkish market should consider trademark protection before launching, distributing or extensively advertising their products and services in Turkey.
A business name, logo or brand that is already used and protected abroad does not automatically receive trademark registration in Turkey.
This raises an important question for international businesses:
How can a foreign company or individual register and protect a trademark in Turkey?
Foreign individuals and companies may obtain trademark protection in Turkey provided that the applicable legal requirements are satisfied. Trademark applications and registrations in Turkey are principally governed by the Industrial Property Code No. 6769 and administered by the Turkish Patent and Trademark Office, commonly known as TÜRKPATENT.
Can a Foreigner Register a Trademark in Turkey?
Yes.
Trademark protection in Turkey is not limited to Turkish citizens or Turkish companies.
TÜRKPATENT states that trademark protection is available to qualifying natural and legal persons, including persons entitled to apply under the Paris Convention or the Agreement Establishing the World Trade Organization, as well as certain applicants benefiting from reciprocity.
Therefore, a foreign company does not normally need to establish a Turkish company merely to own a Turkish trademark.
However, the procedure for foreign applicants is important.
Foreign applicants domiciled outside Turkey who make a direct national application must generally be represented before TÜRKPATENT by an authorised trademark attorney, unless the application is made through the Madrid Protocol system.
What Can Be Registered as a Trademark in Turkey?
A trademark may consist of signs capable of distinguishing the goods or services of one undertaking from those of another.
Depending on the circumstances, businesses may seek protection for elements such as:
- brand names,
- company or product names,
- logos,
- words,
- combinations of words and designs,
- certain shapes, sounds or other signs capable of representation within the legal requirements.
However, not every business name or logo is automatically registrable.
A trademark may face refusal if, for example, it lacks distinctive character, merely describes the goods or services, contains prohibited elements or falls within another absolute ground for refusal under the Industrial Property Code.
This is why a trademark availability and registrability review should ideally be carried out before the application is filed.
Should I Search for Existing Turkish Trademarks Before Applying?
Yes.
A foreign company may already own the same trademark in the United Kingdom, the United States, the European Union or another jurisdiction but still encounter an earlier conflicting trademark in Turkey.
Before filing, it is therefore advisable to search for:
- identical trademarks,
- visually similar trademarks,
- phonetically similar trademarks,
- similar marks covering related goods or services.
The relevant comparison is not limited to whether the names are exactly identical.
The similarity of the signs, the relevant goods and services and the likelihood of confusion may all become relevant during an opposition or infringement dispute.
For foreign companies planning a Turkish market launch, carrying out this search before signing distribution agreements, packaging products or investing heavily in advertising may avoid considerably more expensive disputes later.
How Do You Apply for a Trademark in Turkey?
There are two principal routes for international applicants seeking trademark protection in Turkey.
The first is a direct national application before TÜRKPATENT.
The second is an international trademark application through the Madrid System, designating Turkey for protection. TÜRKPATENT expressly recognises both routes.
Which route is more suitable depends on the applicant’s existing trademark portfolio and the countries in which protection is required.
A business interested only in Turkey may prefer a national filing, while an international company seeking protection across multiple jurisdictions may consider the Madrid System.
Can I Protect My International Trademark in Turkey Through the Madrid System?
Yes, where the requirements of the Madrid Protocol are met.
The Madrid System is administered by the World Intellectual Property Organization, or WIPO, and allows trademark owners to seek protection in multiple member jurisdictions through an international registration framework.
Turkey has been a member of the Madrid Protocol since 1999.
An eligible trademark owner may therefore designate Turkey in an international trademark application.
The Madrid route does not mean, however, that Turkey must automatically accept the trademark.
The Turkish designation remains subject to examination under Turkish trademark law, and objections or oppositions may still arise.
What Goods and Services Should Be Included in the Application?
Trademark protection is connected to the goods and services identified in the application.
This is one of the most important strategic decisions in a trademark filing.
For example, a software company, clothing company and restaurant may use identical or similar words but operate in very different commercial sectors. The scope of protection therefore depends significantly on the goods and services covered by the registration.
Applicants should avoid both extremes:
filing too narrowly, which may leave important commercial activities unprotected, and
filing unnecessarily broadly, which may increase costs and potentially create later use-related issues.
The specification should reflect the applicant’s actual business and reasonably foreseeable commercial expansion.
For international companies entering Turkey, it is often useful to review the Turkish filing together with the company’s global trademark portfolio.
What Happens After a Turkish Trademark Application Is Filed?
TÜRKPATENT follows several stages when examining a trademark application.
The Office first carries out a formal examination. It then considers whether there are absolute grounds for refusal.
If no relevant refusal ground prevents publication, the application is published in the Official Trademark Bulletin.
Third parties then have an opportunity to oppose the application.
Under the current procedure, an opposition may be filed within two months from publication of the trademark application.
If no opposition is filed, or if any opposition is ultimately rejected, the application can proceed toward registration once the remaining requirements and registration fee are satisfied.
Can Another Company Oppose My Trademark Application?
Yes.
Owners of earlier trademark rights may oppose an application where they believe that the new trademark conflicts with their existing rights.
Typical disputes concern allegations such as:
- identical trademarks,
- confusingly similar names or logos,
- overlapping goods or services,
- well-known trademarks,
- bad-faith applications,
- unauthorised applications for another party’s commercial sign.
The opposition stage can therefore be decisive.
A foreign company should not assume that publication means the trademark has already been definitively registered.
Publication opens a period during which third parties may challenge the application.
What If TÜRKPATENT Rejects My Trademark?
A trademark may be refused wholly or partially.
According to TÜRKPATENT’s current procedure, an applicant may appeal an initial refusal within two months.
Decisions can proceed through the Office’s review system, including the Re-Examination and Evaluation Department.
TÜRKPATENT states that proceedings challenging final decisions of this department may be brought before the Ankara Intellectual and Industrial Rights Civil Court within two months of notification.
Because these deadlines are relatively short, foreign trademark owners should monitor official communications carefully.
How Long Does Trademark Protection Last in Turkey?
A Turkish registered trademark is protected for ten years from the application date.
Trademark protection can then be renewed repeatedly for further ten-year periods.
TÜRKPATENT provides that the renewal request should normally be made within the six months before expiry. A late renewal remains possible during the six months following expiry, subject to an additional fee.
A trademark can therefore potentially remain protected indefinitely, provided that it is properly renewed and other legal requirements continue to be satisfied.
Do I Have to Use My Trademark in Turkey?
Trademark registration should not be viewed merely as a way of reserving a name indefinitely without genuine commercial use.
Use becomes particularly relevant after the trademark has been registered for a certain period.
TÜRKPATENT’s opposition procedure provides that where an earlier trademark relied upon in opposition has been registered for at least five years, the applicant may request proof that the opponent genuinely used that trademark for the relevant goods or services during the applicable five-year period, unless there is a proper reason for non-use.
Consequently, companies should keep evidence of genuine trademark use in Turkey, including where relevant:
- invoices,
- product packaging,
- advertising,
- website records,
- sales documentation,
- catalogues,
- distribution documentation.
These records may later become important in trademark disputes.
What If Someone Registers My Brand in Turkey Before Me?
This is a particularly serious issue for foreign businesses.
A company may discover that its international brand, distributor relationship or product name has already been filed in Turkey by another person.
The legal options depend on circumstances such as:
- whether the application is still pending,
- whether the mark has already been registered,
- whether the foreign company has earlier rights,
- whether the trademark is well known,
- whether the Turkish applicant acted in bad faith,
- the nature of the previous commercial relationship.
Depending on the situation, an opposition, invalidation action or other intellectual property claim may be considered.
For this reason, international companies planning to enter Turkey should generally consider protecting their trademark before revealing the brand extensively to potential distributors or commercial partners.
What If Someone Uses My Registered Trademark Without Permission?
Registration can provide the trademark owner with important enforcement rights against unauthorised commercial use.
Depending on the infringement, legal remedies may include claims seeking:
- prevention of trademark infringement,
- cessation of infringing use,
- removal of infringing products from the market,
- compensation for qualifying losses,
- preliminary legal protection,
- destruction or other measures concerning infringing products where legally available.
Some forms of trademark infringement may also create criminal-law consequences under the Industrial Property Code.
The appropriate enforcement strategy depends on how the mark is being used, the evidence available and whether urgent interim protection is required.
Does a Turkish Trademark Protect Me in the European Union?
No.
Trademark rights are generally territorial.
A Turkish national trademark provides protection in Turkey. It does not automatically provide trademark protection throughout the European Union, United States, United Kingdom or other jurisdictions.
Likewise, owning a trademark in another country does not necessarily mean the mark is registered in Turkey.
International businesses should therefore plan their trademark portfolio according to the countries in which they manufacture, sell, distribute or intend to expand.
The Madrid System may provide a practical route for coordinating international protection, but protection remains subject to the law and examination procedures of the designated jurisdictions.
Can a Foreign Company Own a Trademark Without Establishing a Company in Turkey?
Generally, yes.
Trademark ownership and company incorporation are separate legal issues.
A qualifying foreign natural or legal person may own trademark rights in Turkey without first establishing a Turkish company.
This can be particularly relevant for international companies that sell into Turkey through:
- distributors,
- franchisees,
- e-commerce platforms,
- licensees,
- local commercial partners.
However, businesses using distributors should pay particular attention to who owns the trademark.
Where the foreign company’s brand is registered in the distributor’s name rather than the actual brand owner’s name, serious problems can arise when the commercial relationship ends.
The trademark ownership structure should therefore be addressed at the beginning of the Turkish market entry process.
Should the Trademark Be Registered Before Appointing a Distributor in Turkey?
Where possible, this can be an important risk-management step.
A foreign manufacturer may begin discussions with a Turkish distributor and disclose its trademarks before securing protection in Turkey.
If the distributor or another third party subsequently files the mark, the foreign owner may face an opposition or litigation process simply to regain control over its own brand.
Accordingly, trademark review should ideally be part of the legal due diligence for entering the Turkish market.
The questions should include:
Who currently owns the trademark?
Has the trademark already been filed in Turkey?
Who will own future Turkish registrations?
Does the distribution agreement prohibit the distributor from registering the brand or similar signs?
Addressing these issues early may prevent substantial commercial disputes.
Conclusion: How Should Foreign Companies Protect Their Trademarks in Turkey?
Foreign individuals and companies can obtain trademark protection in Turkey under the Industrial Property Code No. 6769.
Protection may be sought either through a direct application to TÜRKPATENT or, where applicable, through an international registration under the Madrid System. Foreign applicants domiciled outside Turkey who file directly are generally required to act through an authorised trademark attorney before TÜRKPATENT.
Before filing, businesses should consider conducting a trademark search and carefully defining the goods and services to be protected.
Once the application is published, third parties have two months to file an opposition. A registered trademark is protected for ten years from the application date and may be renewed for successive ten-year periods.
For foreign companies, trademark registration should ideally be addressed before launching products, appointing a Turkish distributor or making a substantial investment in the Turkish market.
Early protection is generally far easier than attempting to recover a brand after a conflicting trademark has already been filed.
Frequently Asked Questions
Can a foreigner register a trademark in Turkey?
Yes. Foreign individuals and companies meeting the applicable requirements may obtain trademark protection in Turkey.
Do I need a Turkish company to register a trademark?
Not necessarily. A qualifying foreign individual or foreign company may own a Turkish trademark without incorporating a company in Turkey.
Do I need a trademark attorney in Turkey?
Foreign applicants domiciled outside Turkey who make a direct application to TÜRKPATENT must generally be represented by an authorised trademark attorney, except where the application is made through the Madrid Protocol route.
How long does a trademark last in Turkey?
A registered trademark is protected for ten years from the filing date and can be renewed for further ten-year periods.
How long do I have to oppose a trademark in Turkey?
Third parties may file an opposition within two months following publication of the application in the Official Trademark Bulletin.
Can I use the Madrid System to protect my trademark in Turkey?
Yes, if the Madrid Protocol requirements are satisfied. Turkey is a member of the Madrid Protocol.
Does my EU or UK trademark automatically protect me in Turkey?
No. Trademark protection is territorial. Separate protection covering Turkey is generally required.
What should I do if someone has registered my brand in Turkey?
The available remedy depends on whether the application is pending or registered, your earlier rights and whether bad faith or other grounds exist. Opposition, invalidation proceedings or other trademark enforcement measures may be considered.
Related: Trademark infringement litigation in Turkey. Official legal source: TÜRKPATENT legislation.
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