Intellectual and Industrial Property Law
Trademark and patent registration, opposition proceedings, determination of infringement and unfair competition actions.
A trademark is the most valuable asset of most businesses and usually the last one they protect. Registration is not compulsory, but protection of an unregistered mark is far narrower and the evidentiary burden far heavier.
What it covers
Trademark, patent, utility model and design registration; opposition and appeal proceedings before the Turkish Patent and Trademark Office; invalidity and revocation actions; licence and assignment agreements; domain name disputes and unfair competition.
Clearance search before filing
This 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 and the time — and often the marketing investment already made in the brand.
The opposition window is strict
An application clearing absolute examination is published in the Official Trademark Bulletin. Third parties may oppose within two months of publication (Industrial Property Law No. 6769, Art. 18). The period cannot be extended; once missed, the mark proceeds to registration and only an invalidity action remains.
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. By the same logic, a mark not put to genuine use for five years without proper reason may be revoked.
Our approach
Registration alone is not enough. Without regular monitoring of the bulletin and the market, a similar application goes unnoticed during the opposition window and protection is weakened in practice. We therefore treat post-registration monitoring as part of the process.
Learn More
- Trademark and patent registration
- Oppositions before TÜRKPATENT
- Determination and cessation of infringement
- Licence agreements
Frequently Asked Questions
- How long does trademark registration last?
- Ten years from the filing date, renewable indefinitely for successive ten-year periods (Art. 23). Missing a renewal deadline can leave a long-established mark unprotected.
- Is an unregistered mark protected?
- Only to a limited extent. Priority based on prior use may be asserted and the unfair competition provisions may be invoked; in both routes, however, the burden of proving the priority and scope of use lies with the user. Registration largely removes that burden.
- What is the difference between a patent and a utility model?
- Both protect technical inventions, but a utility model does not require an inventive step and the examination process is shorter. In return, protection lasts ten years rather than the twenty years available for a patent. Processes and chemical substances cannot be protected by a utility model.
The information on this page 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.