Trademark Registration in Türkiye: Procedure, Opposition and Non-Use
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Registration is not compulsory in Türkiye, but protection of an unregistered mark is considerably narrower and the evidentiary burden considerably heavier. Industrial Property Law No. 6769 (SMK) governs the procedure in detail.
Before filing: clearance search
A clearance search is the most frequently skipped and most costly step to omit. Discovering an identical or similar earlier registration in the same classes after filing means losing the fee, the time and often the investment already made in the brand.
Absolute grounds for refusal (Art. 5)
The Office examines these of its own motion. The principal grounds are:
- Signs devoid of distinctive character,
- Signs designating kind, type, quality or quantity in trade,
- Signs used by everyone or serving to distinguish members of a particular profession,
- Signs liable to mislead the public as to nature, quality or geographical origin,
- Signs contrary to public order or accepted principles of morality.
A sign lacking inherent distinctiveness may still be registered where acquired distinctiveness through use is established — an important route for marks long present on the market.
Publication and opposition: two months
An application clearing absolute examination is published in the Official Trademark Bulletin. Third parties may oppose within two months of publication. This period is strict and cannot be extended.
Opposition is based on the relative grounds in Article 6: likelihood of confusion with an earlier mark, protection of well-known marks, earlier rights such as a trade name or business name, and bad-faith filing.
The non-use defence
Where the mark relied on in opposition has been registered for more than five years, the applicant may require the opponent to prove genuine use. If use cannot be established, the opposition is rejected.
The same logic supports revocation: a registered mark not put to genuine use for five years without proper reason may be revoked.
After registration
Protection runs for ten years from the filing date and may be renewed indefinitely for successive ten-year periods. Missing a renewal deadline can leave a long-established mark unprotected — it is a date worth diarising.
Registration alone is not enough. Regular monitoring of the market and of the bulletin is the most practical way to prevent loss of rights through unchallenged third-party use.
This article is for general information only and does not constitute legal advice. Legislation and case law change; your situation must be assessed on its own facts. Please consult a lawyer before acting.