Trademark Registration in Turkey

Trademark Registration in Turkey

Registering a trademark in Turkey provides exclusive rights to use your brand name, logo, or other identifying mark in commerce. Turkey’s trademark system is governed by Industrial Property Law No. 6769, which brought Turkish trademark law into alignment with EU trademark standards when it came into force in 2017.

The Turkish Patent and Trademark Office (TÜRKPATENT — Türk Patent ve Marka Kurumu) is the competent authority for trademark applications and registrations.

What Can Be Registered as a Trademark?

Under Turkish law, trademarks can include:

• Word marks: Brand names, company names, slogans
• Figurative marks: Logos, symbols, design elements
• Combined marks: Words combined with logos
• Three-dimensional marks: Product shapes and packaging
• Color marks: Specific colors or color combinations
• Sound marks: Distinctive sounds
• Motion marks, position marks, and pattern marks

The mark must be distinctive — capable of distinguishing the goods/services of one company from those of others. Generic terms, purely descriptive terms, and deceptive marks cannot be registered.

Why Register in Turkey?

• Legal protection: Registered trademark owners can take action against infringers and counterfeiters
• Market deterrence: Registration discourages competitors from copying your brand
• Customs protection: Customs authorities can detain counterfeit goods at borders for registered trademark owners
• Licensing and sale: Registered trademarks can be licensed, sold, or pledged as collateral
• Priority for Madrid System: Turkey registration can form the basis for an international trademark application through the Madrid System

Step 1: Trademark Search

Before filing, conduct a clearance search to identify any conflicting prior trademarks. Search TÜRKPATENT’s online database (turkpatent.gov.tr) for:

• Identical or similar marks
• Same or similar goods/services (Nice Classes)
• Both registered and pending applications

A clean search result significantly increases the likelihood of registration. If conflicts are found, consider modifying the mark or negotiating with the prior owner.

Step 2: Determine Nice Classification

Turkey uses the Nice Classification (Nice Agreement) for classifying goods and services. There are 45 classes:

• Classes 1–34: Goods
• Classes 35–45: Services

You must specify the class(es) in which you seek protection. Each class covers defined categories:

Filing in multiple classes costs more but provides broader protection. Identify all classes relevant to your current and planned business activities.

Step 3: File the Application

Applications are filed electronically through the TÜRKPATENT online system (turkpatent.gov.tr/e-hizmetler).

Application Requirements

• Applicant’s name and address (individuals or legal entities)
• Representation of the trademark (word mark, logo image file)
• List of goods/services and their Nice class numbers
• Filing fee (per class)
• If filed by an agent: power of attorney

Foreign applicants without a Turkish residence or business address must be represented by a registered trademark attorney/agent based in Turkey.

Application Fees

Fees (subject to change — verify at turkpatent.gov.tr):

• Filing fee per class: Approximately 800–1,200 TRY per class
• Additional fees apply for examination and registration upon approval

Professional trademark attorney fees are separate and typically range from $300–$1,500+ depending on the complexity of the application.

Step 4: Formal Examination

TÜRKPATENT conducts a formal examination to verify that:

• All required information is provided
• Filing fees are paid
• The application is in the correct format

If deficiencies are found, the applicant has an opportunity to correct them within the specified deadline.

Step 5: Substantive Examination

TÜRKPATENT examines whether the mark meets the absolute grounds for registration:

• Is the mark distinctive?
• Is it deceptive or contrary to public order?
• Does it consist solely of generic or descriptive terms?
• Is it identical or confusingly similar to a well-known mark?

If the examiner identifies absolute grounds for refusal, the applicant receives a provisional refusal notice and has the opportunity to respond.

Step 6: Publication and Opposition

If the application passes substantive examination, it is published in the Official Trademark Bulletin (Resmi Marka Bülteni). Third parties (owners of earlier identical or similar marks) have 2 months from publication to file an opposition (itiraz).

Opposition Process

If an opposition is filed:

• The applicant is notified and given the opportunity to respond
• TÜRKPATENT issues a decision on the opposition
• The losing party can appeal TÜRKPATENT’s decision to the administrative courts

No Opposition

If no opposition is filed within the 2-month period, the trademark proceeds to registration.

Step 7: Registration

Upon successful examination and no successful opposition, TÜRKPATENT issues the registration certificate (tescil belgesi). The trademark is valid for 10 years from the filing date.

Timeline

Renewal

Turkish trademarks are registered for 10 years and can be renewed indefinitely for successive 10-year periods. Renewal must be filed within the last 6 months before expiry (with a 6-month grace period after expiry, subject to a surcharge).

Madrid System for International Registration

Turkey is a member of the Madrid System administered by WIPO. If you have a Turkish trademark registration or application, you can use it as a base for an international trademark application covering multiple countries through a single WIPO application.

This is highly efficient for foreign investors who want protection in Turkey and several other countries simultaneously.

Trademark vs. Trade Name

A trade name (the company name registered in the Trade Registry) is not the same as a registered trademark. Registering your company with the Trade Registry does not give you trademark rights over your company name. Separate trademark registration with TÜRKPATENT is required for full IP protection.

Frequently Asked Questions

How long does it take to register a trademark in Turkey? The typical timeline is 7–15 months from filing to registration, assuming no opposition. If an opposition is filed, the process can take 12–24 months or longer.

Can I register a trademark before my company is formed in Turkey? Yes. An individual can file a trademark application in their personal name before company formation. The trademark can then be assigned to the company after it is incorporated. Alternatively, the company can apply immediately after formation.

What happens if someone copies my trademark in Turkey? Trademark infringement can be addressed through civil litigation (injunctions, damages) and criminal prosecution. Turkey’s customs authorities can also intercept counterfeit goods at import/export points for registered trademark owners who register their mark with customs.

Can a foreign company register a trademark in Turkey without a Turkish office? Yes. Foreign companies can register trademarks in Turkey, but must be represented by a registered trademark agent in Turkey for the application process.