Av. Arb. Billur Güler Aslım is a lawyer and registered trademark and patent attorney based in Muratpaşa, Antalya, practising intellectual and industrial property law. As an attorney registered with TÜRKPATENT, the Turkish Patent and Trademark Office (registration no. 2109), she prepares trademark, patent, utility model, design and geographical indication applications, files oppositions against applications published in the Official Bulletin, and handles appeals against Office decisions before the Re-examination and Evaluation Board. As a lawyer (Antalya Bar Association registration no. 10304), she also takes the same file to court: infringement, preliminary injunction, invalidity and damages cases are conducted before the Antalya Intellectual and Industrial Property Rights Civil Court and other competent courts. Advice is also provided on copyright, trade secrets and unfair competition. Foreign companies and individuals without a residence in Turkey must act through a registered attorney before TÜRKPATENT, and the entire process can be handled remotely. Consultations are available in English, Russian and Turkish.
Which right protects what?
Industrial property rights are protected under Industrial Property Law No. 6769 (SMK), and works under the Law on Intellectual and Artistic Works No. 5846 (FSEK). The type of protection depends on what you want to protect:
| Protection | What it protects | Term | Registration required? |
|---|---|---|---|
| Trademark | Signs that distinguish goods or services (name, logo, slogan, packaging) | 10 years, renewable indefinitely for 10-year periods | Yes, exclusive rights arise from registration |
| Patent | New technical inventions that involve an inventive step and are industrially applicable | 20 years from filing, not extendable | Yes |
| Utility model | New, industrially applicable inventions without the inventive-step requirement | 10 years from filing, not extendable | Yes |
| Design | The appearance of a product or part (lines, colours, shape, texture) | Up to 25 years in 5-year periods | Unregistered designs are protected for 3 years from first disclosure |
| Geographical indication | The name of a product identified with a specific region | Unlimited | Yes |
| Copyright | Works: software, texts, photographs, music, visual designs | 70 years after the author’s death | No, protection arises upon creation |
How is a trademark registered in Turkey?
Trademark applications are filed with TÜRKPATENT. Registration gives the owner the right to prevent others from using an identical or similar sign throughout Turkey. The process works step by step:
- Clearance search: Identical or similar registered marks and pending applications are checked. This step does the most to reduce the risk of refusal and opposition.
- Choosing classes: Goods and services are specified under the Nice Classification; protection only covers the classes selected.
- Filing and examination: The application is examined for absolute grounds for refusal, such as lack of distinctiveness or descriptiveness.
- Publication and opposition period: Accepted applications are published in the Official Trademark Bulletin; third parties may file an opposition within two months of publication.
- Registration: If no opposition is filed, or an opposition is rejected, the mark is registered. Unopposed files are usually completed within six months to a year.
- Use and renewal: A mark not genuinely used for five years after registration may be revoked by TÜRKPATENT upon request. Renewal must be made before the term expires.
- Monitoring the Official Trademark Bulletin and opposing similar applications
- Appeals to the Re-examination and Evaluation Board and, where necessary, cancellation actions in court
- Recording assignments, licences, pledges and mergers in the register
- Revocation requests for non-use and defending against them
International trademark protection
A Turkish registration protects your mark only in Turkey. For businesses in tourism, export and e-commerce, and for foreign brands entering the Turkish market, the filing strategy usually covers more than one country:
- Madrid Protocol: Based on a Turkish application or registration, several countries can be designated in a single international application filed through TÜRKPATENT. Foreign owners can also designate Turkey in their own Madrid filings.
- European Union trade mark: A single application to the EU Intellectual Property Office (EUIPO) covers all EU member states.
- National filings: Direct applications are made in countries outside the Madrid system or where a separate strategy is needed.
Patents, utility models and designs
Inventions that offer a new solution to a technical problem and involve an inventive step are protected by patents. For inventions without an inventive step, a utility model is a faster and less costly option, although the term of protection is half as long. Disclosing an invention at a trade fair, in an article or through sales before filing can destroy novelty, so the application should be planned before any public disclosure.
- Assessing patentability and prior-art searches
- Preparing patent and utility model applications and structuring the claims
- Design registrations, multiple design applications and protection of unregistered designs
- Employee inventions: notification to the employer, claims and remuneration disputes
- R&D, confidentiality and technology transfer agreements; advice to technopark companies
- Representation in invalidity and infringement cases
Geographical indications and traditional product names
A geographical indication protects the name of a product whose qualities or reputation derive from a particular region, and protection is unlimited in time. A single producer cannot apply alone; producer associations, cooperatives, public bodies and professional organisations are entitled to file. Once registered, the name may not be used on products that do not meet the specified production conditions. Advice is provided on application files, use control and action against unauthorised use of registered names.
Copyright, trade secrets and unfair competition
- Copyright: Warning letters, access blocking and damages claims against unauthorised use of software, website content, photographs and designs; licence and work agreements.
- Trade secrets: Confidentiality agreements and employee exit procedures to protect customer lists, formulas and know-how; in case of disclosure, remedies under the unfair competition provisions of the Turkish Commercial Code No. 6102 and the Turkish Penal Code No. 5237.
- Unfair competition: Actions for determination, cessation and damages against imitation of packaging and get-up, misleading advertising and business names that create a likelihood of confusion.
- Domain names: Dispute resolution complaints against domain names containing your mark and claims based on trademark rights.
What can you do if your rights are infringed?
Unauthorised use of a registered trademark, patent or design can be stopped through civil and criminal proceedings. Which route comes first depends on the evidence and the scale of the infringement:
- Securing evidence: Having products, web pages and sales records recorded through the court or a notary.
- Preliminary injunction: Requesting that sales of counterfeit goods be stopped and the goods seized before the case is decided.
- Civil action: Determination, cessation and prevention of the infringement, plus claims for material and moral damages. Cases are heard by the specialised Intellectual and Industrial Property Rights Civil Courts; where no specialised court exists, the civil court of first instance acts in that capacity.
- Criminal complaint: Trademark infringement is a criminal offence under Article 30 of the SMK, and an investigation can be initiated upon complaint.
- Mediation: Commercial monetary disputes arising from intellectual property can be resolved through pre-trial mediation.
Frequently asked questions
How long does trademark registration take in Turkey?
Unopposed applications are usually completed within six months to a year. The application is published in the Official Trademark Bulletin, and registration follows once the two-month opposition period has expired; an opposition extends the process.
Can a foreign company apply for a trademark in Turkey directly?
Applicants without a residence or business establishment in Turkey must be represented before TÜRKPATENT by a registered trademark or patent attorney. Turkey can also be designated in an international application under the Madrid Protocol.
Does using an unregistered trademark give any rights?
As a rule, unregistered use does not grant exclusive trademark rights. Prior genuine ownership and unfair competition rules provide limited protection, but the burden of proof is heavy and they often do not prevent a third party from registering the same mark.
Should I apply for a patent or a utility model?
If the invention involves a technical advance that is not obvious to an expert in the field, a patent is appropriate; if it is new and industrially applicable but the inventive step is doubtful, a utility model is the better fit. Patents last 20 years, utility models 10 years.
Is my registration in another country valid in Turkey?
No. Trademark protection is territorial; separate protection is needed for every country where goods are sold or produced. Turkey can be covered through the Madrid Protocol or a national Turkish application.
What can be done against a company selling counterfeit products?
A civil action can be filed for determination, cessation and prevention of the infringement and for damages; where the conditions are met, sales can be stopped by a preliminary injunction. A criminal complaint is also possible under Article 30 of the SMK.
Related articles
- Why is Trademark Registration Important for Your Company?
- Legal Consequences of Unregistered Trademark Use in Antalya
- Preventing the Use of Brand-Similar Business Names in Antalya
- Lawsuits Against Trademark Infringement in Antalya
- Lawsuits to be Filed Against Counterfeit Products After Trademark Registration in Antalya
- Trademark Invalidity Cases and Competent Courts in Antalya
- Filing a Lawsuit Against Brands Used on Digital Platforms in Antalya
- How does the mediation process work in trademark infringement cases in Antalya?
- Common Mistakes in Patent and Utility Model Applications in Antalya
- Process of Filing a Lawsuit Against Patent Violations in Antalya
- Material and Moral Damages Cases for Copyright Violations in Antalya
- Out-of-Court Solution Methods for Copyright Violations in Antalya
- Criminal Cases Filed for Violation of Trade Secrets in Antalya
- Proof Strategies in Unfair Competition Cases in Antalya
- Requests for Preventive Measures in Intellectual Property Violations in Antalya
- Jurisdiction of the Specialized Intellectual and Industrial Property Rights Court in Antalya
- The Process of Transferring Intellectual Property Rights to Heirs in Antalya
Appointments and contact
Altındağ Mah. 100. Yıl Blv. No:49/9 (Çağlar Apt.), 07050 Muratpaşa / Antalya, Türkiye
Phone: +90 549 454 76 76
Email: bilgi@billurguleraslim.av.tr
Office hours: Monday–Friday 08:00–19:00, Saturday 09:00–12:30
The information on this page is for general guidance only and does not constitute legal advice.