Intellectual Property Law

In disputes concerning intellectual and industrial property rights such as trademarks, patents, designs and copyright, one of the factors that determine the outcome is the proper conduct of the application and opposition procedures before the Turkish Patent and Trademark Office (TÜRKPATENT); the other is compliance with the time limits for bringing actions and with the rules on the courts having subject-matter and territorial jurisdiction.

Below you will find how the opposition procedure before TÜRKPATENT works, the time limit for bringing an action against decisions of the Re-examination and Evaluation Board (YİDK), and the interim injunction route available in the event of trademark infringement.

How does the trademark registration process work?

• Preliminary search. Before the application, the existence of identical or similar trademarks, the distinctiveness of the mark and the classes of goods and services for which the application is to be made are examined. Signs that are descriptive or lack distinctive character are refused on absolute grounds for refusal (art. 5 of Industrial Property Code No. 6769 (SMK)).
• Application and examination. The application is filed with TÜRKPATENT electronically; after completing its examination as to formalities and absolute grounds for refusal, the Office publishes the application in the Official Trademark Bulletin.
• Opposition to publication. Third parties may file an opposition within two months of the date of publication of the application, based on relative grounds for refusal such as an earlier trademark right or bad faith (SMK art. 6, art. 18).
• Registration and term of protection. If there is no opposition or the opposition is rejected, the trademark is registered. The term of protection is ten years from the filing date and may be renewed for periods of ten years (SMK art. 23).

How does the procedure for the annulment of TÜRKPATENT YİDK decisions work?

• Opposition before TÜRKPATENT. Oppositions by third parties against a trademark or patent application, and objections against the ex officio refusal of an application, are examined by the relevant department of TÜRKPATENT.
• Re-examination and Evaluation Board (YİDK). Objections against the department's decision are examined by the YİDK; the final administrative decision is given by this board.
• Action for annulment and the two-month time limit. An action for annulment may be brought against YİDK decisions within two months of the date of notification of the decision. This time limit is a strict (preclusive) time limit; actions not brought within the time limit are dismissed as out of time (art. 156 of Industrial Property Code No. 6769).
• Exclusive jurisdiction of the Ankara Intellectual and Industrial Property Rights Civil Court. In actions for the annulment of YİDK decisions, the Ankara Intellectual and Industrial Property Rights Civil Courts have subject-matter jurisdiction and exclusive territorial jurisdiction; this jurisdiction cannot be changed by the parties (SMK art. 156/2).

How can an unused trademark be revoked?

A registered trademark may be revoked if, within five years of the date of registration, it has not been put to genuine use in connection with the goods or services covered by the registration without a justified reason, or if its use has been suspended for an uninterrupted period of five years (SMK art. 9, art. 26).

• Competent authority. Since 10 January 2024, requests for revocation for non-use have been decided by TÜRKPATENT; the provisions of the implementing regulation entered into force in 2025.
• Proof. Upon a revocation request, the trademark owner is asked for evidence showing genuine use of the mark, such as invoices, catalogues, advertisements and sales documents.
• Legal remedy. An objection against the Office's decision may be filed with the YİDK; an action against the YİDK decision may be brought before the Ankara Intellectual and Industrial Property Rights Civil Courts.

Revocation for non-use is also an effective route for removing an old, unused trademark that stands in the way of your application.

Interim injunctions in trademark infringement

In the event of trademark infringement or a risk of infringement, the right holder may request an interim injunction (ihtiyati tedbir) before bringing an action or together with the action. The court may order the cessation of the infringing acts, the seizure of the infringing products or the application of measures to the means used in their production (SMK art. 159).

• Prima facie proof. The party requesting the injunction must demonstrate the existence of the right and the alleged infringement to the standard of prima facie proof (yaklaşık ispat).
• Security. The court may make enforcement of the injunction conditional on the provision of security.
• Objection. An objection against the injunction may be filed with the court that issued it.

What claims can be asserted in an infringement action?

The holder of an industrial property right may assert the following claims against a person infringing that right (SMK art. 149):

• A declaration as to whether the act constitutes infringement, prevention of infringement where it is likely to occur, and cessation of the infringing acts
• Removal of the infringement and compensation for pecuniary and non-pecuniary damage
• Seizure of the infringing products and of the means used in their production
• Measures to remedy the infringement and publication of the final judgment

Loss of profit, which falls within the scope of compensation for pecuniary damage, is calculated using one of the following methods: the right holder's probable income, the net profit obtained by the infringer, or a licence fee (SMK art. 151). To prevent evidence from being lost, it is important to request the preservation of evidence (delil tespiti) before bringing an action; for details, see our article Preservation of evidence and interim injunctions in trademark infringement (in Turkish).

How are patents, utility models and designs protected?

• Patent. A patent is granted for inventions that are new, involve an inventive step and are industrially applicable; the term of protection is twenty years from the filing date.
• Utility model. A utility model is granted for simpler technical solutions for which no inventive step is required; the term of protection is ten years.
• Registered design. New designs with individual character relating to the appearance of a product are protected for up to a total of twenty-five years, renewed in periods of five years.
• Unregistered design. Limited protection against copying is provided for three years from the date on which the design was first made available to the public in Turkey.
• Employee inventions. For service inventions made by an employee in the course of the employment relationship, the employee's notification of the invention to the employer and the employer's claim to the rights are subject to separate procedures under the law. For software and technical developments, clearly regulating ownership of the rights in the employment contract reduces the risk of disputes.

For rights in employee inventions and software, see our article Employee inventions and software copyright disputes (in Turkish).

How is copyright protected?

Intellectual and artistic works are protected under Law No. 5846 on Intellectual and Artistic Works (FSEK) from the moment they are created, without any registration being required. Computer programs are also regarded as works within this scope.

• Economic and moral rights. The author has economic rights, such as the rights of adaptation, reproduction, distribution, performance and communication to the public, and moral rights, such as the right to be named as the author.
• Term of protection. As a rule, economic rights continue for the author's lifetime and for seventy years after the author's death.
• Employees' works. Unless otherwise agreed, the economic rights in works created by employees in the course of their work belong to the employer (FSEK art. 18).
• Proof. Records showing the date on which the work was created and optional registration systems can be used to prove authorship.

What work do we carry out?

• Conducting application and opposition procedures for trademarks, patents, utility models and designs
• Bringing and pursuing actions for the annulment of YİDK decisions before the Ankara Intellectual and Industrial Property Rights Civil Courts
• Preparing and pursuing requests for interim injunctions in trademark infringement and unfair competition actions
• Conducting actions for the invalidation of trademarks and patents
• Drafting licence, assignment and know-how agreements
• Providing advice and conducting litigation in copyright disputes

Types of cases we handle

• Trademark disputes: oppositions to registration, annulment of YİDK decisions, invalidation, revocation for non-use and infringement actions
• Patent and utility model disputes: oppositions to applications, invalidation and infringement actions
• Design right disputes: allegations of infringement of registered and unregistered design rights
• Copyright disputes: authorship, and infringements of economic and moral rights
• Unfair competition: disputes based on imitation products and likelihood of confusion

Which authorities hear intellectual property disputes in Istanbul, Kocaeli and Sakarya?

In actions for the annulment of YİDK decisions, the Ankara Intellectual and Industrial Property Rights Civil Courts have exclusive jurisdiction. In infringement actions brought by the right holder against third parties, the court of the claimant's domicile, of the place where the infringing act was committed or of the place where its effects were felt has jurisdiction (SMK art. 156/3); in actions brought by third parties against the right holder, such as invalidation actions, the court of the defendant's domicile has jurisdiction (SMK art. 156/5).

• Ankara Intellectual and Industrial Property Rights Civil Courts — exclusive jurisdiction in actions for the annulment of YİDK decisions
• Istanbul Intellectual and Industrial Property Rights Civil Courts — infringement and invalidation disputes arising in Istanbul
• Regional Courts of Appeal for appeals (istinaf)

For manufacturing companies in Kocaeli and Sakarya

Where there is no Intellectual and Industrial Property Rights Civil Court, these actions are heard by the civil courts of first instance designated by the Council of Judges and Prosecutors (SMK art. 156). For companies manufacturing in the organised industrial zones in Gebze, Dilovası and Sakarya, it is important to register product designs and technical developments before they are placed on the market, and to include confidentiality and assignment-of-rights provisions in contracts with suppliers and employees.

Related practice areas

• IT and Internet Law: software, online infringements and content removal
• Corporate and Commercial Law: commercial disputes, unfair competition and company matters
• Employment Law: employee inventions and works created at work

To send us information about an application or dispute concerning your trademark, patent, design or copyright, you can use our contact page or make an appointment at our office in Kadıköy. For unfair competition and trade name disputes, you may also wish to look at our Corporate and Commercial Law page, and for infringements arising from software and the internet, our IT and Internet Law page.

The information on this page is general in nature and does not replace a legal opinion on a specific dispute.