Industrial property rights (trademarks, patents, utility models, designs and geographical indications) are protected by the Industrial Property Code No. 6769, and copyright by the Law on Intellectual and Artistic Works No. 5846. Trademark, patent and design protection generally arises through registration with the Turkish Patent and Trademark Office (TÜRKPATENT), either by a national filing or by designating Turkey in an international application; copyright arises automatically when a work is created. A published trademark application can be opposed within two months. A registered trademark is protected for ten years and can be renewed indefinitely; since 10 January 2024, revocation of unused marks is requested from TÜRKPATENT.
Intellectual property rights in Turkey
Intellectual property refers to rights over intangible assets created by the human mind that have economic value. Turkish law divides them into two groups: industrial property rights and copyright.
| Right | What it protects | How protection arises | Term |
|---|---|---|---|
| Trademark | Signs distinguishing goods and services (words, logos, colours, sounds and so on) | Registration with TÜRKPATENT | 10 years, renewable indefinitely |
| Patent | Inventions that are new, involve an inventive step and are industrially applicable | Registration with TÜRKPATENT | 20 years (not extendable) |
| Utility model | New and industrially applicable inventions (no inventive step required) | Registration with TÜRKPATENT | 10 years (not extendable) |
| Design | The appearance of a product (lines, shape, colour, texture, materials) | Registration; for unregistered designs, first disclosure to the public in Turkey | Registered: up to 25 years in 5-year periods; unregistered: 3 years |
| Geographical indication | Products identified with a particular region | Registration with TÜRKPATENT | Indefinite |
| Copyright | Literary, scientific, musical, artistic and cinematographic works; computer programs | Automatically on creation | Life of the author plus 70 years |
For companies entering the Turkish market, these rights are often among the most valuable assets. Unfair competition and trade secrets are covered in our commercial law guide, and software contracts and online infringements in our IT and internet law guide.
Protecting a foreign brand in Turkey
Trademark protection is territorial: a mark registered in another country or in the European Union is not automatically protected in Turkey. A foreign owner has two main routes:
- National application filed directly with TÜRKPATENT. Applicants who are not resident in Turkey generally act through a registered trademark or patent attorney.
- International application under the Madrid Protocol, to which Turkey is a party, designating Turkey through the applicant's home office and WIPO. The designation is examined by TÜRKPATENT and can be opposed in Turkey in the same way as a national application.
Under the Paris Convention, an applicant who has filed in another member country can claim priority for a Turkish application filed within six months for trademarks and designs, and twelve months for patents and utility models.
A common problem for foreign brands is a local distributor, agent or former business partner registering the brand in its own name. The Industrial Property Code allows the owner to oppose an application filed by its agent or representative without authorisation, and bad faith is both an opposition ground and a ground for invalidation. Registering the mark in Turkey before entering the market is the most effective protection.
Trademark registration process
- Clearance searchBefore filing, a search is made for identical or similar marks registered for identical or similar goods and services, reducing the risk of refusal or opposition.
- ApplicationThe application is filed with TÜRKPATENT, usually electronically, with the mark and a list of goods and services classified under the Nice Classification.
- ExaminationThe Office examines formalities and absolute grounds for refusal, such as lack of distinctiveness, descriptiveness, deceptiveness or conflict with public order (Industrial Property Code, Art. 5).
- Publication and oppositionAccepted applications are published in the Official Trademark Bulletin, and third parties may oppose within two months of publication (Art. 18).
- RegistrationIf there is no opposition or oppositions are rejected, the mark is registered on payment of the registration fee. Protection runs from the application date.
Opposing a trademark application
Owners of earlier rights can oppose a conflicting application within two months of its publication in the Official Trademark Bulletin. This period is strict; if it is missed, the only remedy after registration is an invalidation action. The main relative grounds (Art. 6) are:
- An identical or similar earlier mark registered or applied for in respect of identical or similar goods or services, with a likelihood of confusion
- For a well-known earlier mark, unfair advantage, damage to reputation or dilution of distinctiveness, even for different goods and services
- Rights in an unregistered sign previously used in trade
- Another person's name, trade name, photograph, copyright or other intellectual property right
- Bad faith of the applicant
- An application by an agent or representative without the owner's consent
Oppositions are first examined by the relevant department of the Office. Its decision can be appealed within two months to the Office's Re-examination and Evaluation Board (YİDD), whose decisions can in turn be challenged within two months before the Ankara Intellectual and Industrial Property Rights Civil Court (Art. 156).
Revocation of unused trademarks
A trademark that has not been put to genuine use in Turkey for the registered goods or services within five years of registration without a valid reason, or whose use has been suspended for an uninterrupted five-year period, can be revoked (Arts. 9 and 26).
Seven years after the Industrial Property Code entered into force, from 10 January 2024 the power to revoke trademarks for non-use passed from the courts to TÜRKPATENT. Revocation requests are now filed with the Office, and its decisions can be challenged in court.
For trademark owners, this makes it important to keep dated evidence of genuine use in Turkey, such as invoices, catalogues, advertising, sales records and website content. In an opposition, the applicant can also ask the opponent to prove use of the earlier mark (non-use defence, Art. 19).
Trademark invalidation actions
Where a trademark has been registered even though it should not have been, an invalidation action can be brought (Art. 25). The grounds largely mirror the absolute and relative grounds for refusal, and bad-faith registration is among the most frequently invoked.
- Invalidation actions can be brought by interested parties, public prosecutors or relevant public bodies.
- Invalidation generally has retroactive effect, as if the mark had never been registered.
- An earlier right holder who knowingly tolerated the use of a later mark for five years cannot seek invalidation unless the later mark was filed in bad faith (acquiescence, Art. 25).
- Unlike non-use revocation, invalidation actions continue to be heard by the courts.
Patents, utility models and designs
A patent protects inventions that are new worldwide, not obvious to a person skilled in the art (inventive step) and industrially applicable (Art. 82). A utility model offers quicker, shorter protection for simpler technical solutions without the inventive step requirement. Because disclosing an invention before filing, by exhibition, publication or sale, can destroy novelty, confidentiality before filing is crucial. Foreign applicants can also enter the Turkish national phase of an international application under the Patent Cooperation Treaty or validate a European patent in Turkey.
Inventions made by employees in the course of employment (service inventions) are subject to detailed rules on notification by the employee and claims by the employer (Art. 113 et seq.).
Design protection covers a product's appearance, not its function. A registered design can be protected for up to 25 years in five-year renewal periods. Unregistered designs are protected for three years from first disclosure to the public in Turkey, and only against copying (Art. 69).
Copyright
Under Law No. 5846, a work is any intellectual or artistic product bearing the characteristics of its author and falling into one of the categories of literary and scientific works, music, fine arts or cinematographic works. Computer programs are protected as literary works. Copyright arises on creation without registration, although notarised evidence, collecting society records or the Ministry of Culture and Tourism registration system can make proof easier.
The author has moral rights (to disclose the work, to be named and to prevent modifications) and economic rights (adaptation, reproduction, distribution, performance and communication to the public). Economic rights can be assigned or licensed by contract, which must be in writing and specify each right separately (Art. 52). Economic rights in works created by employees in the course of their work generally belong to the employer (Art. 18).
Remedies against infringement and counterfeits
Where a trademark, patent, design or copyright is infringed, the right holder may claim (Industrial Property Code, Art. 149; Law No. 5846, Arts. 66–70):
- A declaration of infringement, an order to stop it and to prevent likely infringement
- Seizure and destruction of infringing products and the means of producing them
- Pecuniary and non-pecuniary damages; for industrial property rights, pecuniary damages can be calculated by one of three methods: the right holder's actual loss, the infringer's profit or a reasonable licence fee (Art. 151)
- Publication of the judgment at the infringer's expense
- Interim injunctions and preservation of evidence before or during proceedings
Trademark infringement (Art. 30) and copyright infringement (Law No. 5846, Art. 71 et seq.) can also be criminal offences. An investigation begins on complaint, and counterfeit goods can be seized; see our criminal law guide. For imports and exports of counterfeit goods, the right holder can apply to the customs administration to have goods detained at the border.
Competent courts and authorities
| Dispute | Court or authority |
|---|---|
| Civil actions on trademarks, patents, designs and copyright (infringement, invalidation, damages) | Intellectual and Industrial Property Rights Civil Court; elsewhere, the civil court of first instance |
| Actions against TÜRKPATENT YİDD decisions | Ankara Intellectual and Industrial Property Rights Civil Court |
| Revocation of trademarks for non-use (after 10 January 2024) | TÜRKPATENT (its decisions can be challenged in court) |
| Trademark and copyright offences | Intellectual and Industrial Property Rights Criminal Court; elsewhere, the criminal court of first instance |
Intellectual property disputes are commercial cases by nature (Commercial Code, Art. 4), so mandatory mediation may apply to claims for payment of money; see our mediation guide. Specialised courts sit in Istanbul, Ankara and Izmir.
Time limits
| Item | Period | Legal basis |
|---|---|---|
| Opposition to a published trademark application | 2 months from publication | Industrial Property Code, Art. 18 |
| Appeal against a department decision to YİDD | 2 months from notification | Art. 20 |
| Court action against a YİDD decision | 2 months from notification | Art. 156 |
| Trademark term and renewal | 10 years; renew within the 6 months before expiry (or the following 6 months with an additional fee) | Art. 23 |
| Revocation for non-use | 5 years of non-use after registration | Arts. 9 and 26 |
| Priority under the Paris Convention | 6 months (trademarks, designs); 12 months (patents, utility models) | Paris Convention, Art. 4 |
| Loss of rights through acquiescence | Knowingly tolerating use for 5 years | Art. 25 |
TÜRKPATENT application, registration and renewal fees are updated every year, and the implementing rules on administrative revocation and oppositions may change. Check the Office's current announcements and the legislation before taking action.
Documents usually required
- For a trademark application: the mark (logo file), applicant details and the list of goods and services
- For companies: commercial register extract and documents showing signing authority, with apostille and translation for foreign companies
- A power of attorney for the trademark or patent attorney, or the lawyer, acting in Turkey
- For oppositions and revocation: earlier registration certificates and evidence of use and reputation in Turkey (invoices, advertising, sales figures, press coverage)
- For patents and designs: description, claims, technical drawings or design images, and priority documents
- For copyright infringement: evidence of authorship and date of creation, screenshots of the infringement, notarised evidence
Relevant legislation
Turkish legislation is published (in Turkish) at mevzuat.gov.tr:
- Industrial Property Code No. 6769 — Arts. 4–30 (trademarks), 55–80 (designs), 82–147 (patents and utility models), 149–160 (civil and criminal provisions)
- Regulation on the Implementation of the Industrial Property Code
- Law on Intellectual and Artistic Works No. 5846 — Arts. 1/B, 13–27, 48–52, 66–75
- Turkish Commercial Code No. 6102 — Art. 4 (commercial cases), Arts. 54–63 (unfair competition)
- Paris Convention for the Protection of Industrial Property; Protocol Relating to the Madrid Agreement; Patent Cooperation Treaty
Intellectual Property Law: topics
The main topics within Turkish intellectual property law are listed below. Detailed guides for each are in preparation.
- Trademark registration in Turkey
- Trademark oppositions
- Non-use revocation
- Trademark invalidation
- Patents and utility models
- Design protection
- Copyright and software
Frequently asked questions about intellectual property in Turkey
Is my EU or US trademark protected in Turkey?
No. Trademark protection is territorial, so a mark must be registered in Turkey, either by a national application with TÜRKPATENT or by designating Turkey in an international application under the Madrid Protocol.
How long does trademark registration take in Turkey?
If there are no oppositions or grounds for refusal, registration is usually completed within a few months, including the two-month opposition period. Oppositions extend the process.
A similar mark to mine has been published. What should I do?
You can oppose it at TÜRKPATENT within two months of publication. If the deadline is missed, the only remedy after registration is an invalidation action.
My distributor registered my brand in Turkey. What can I do?
An application filed by an agent or representative without the owner's consent can be opposed, and bad faith is a ground for both opposition and invalidation. The available route depends on whether the mark is still an application or already registered, and on the time that has passed.
What happens if I do not use my trademark?
If a mark is not genuinely used for five years after registration, its revocation can be requested; since 10 January 2024 these requests are filed with TÜRKPATENT.
Can I protect my logo or software through copyright?
An original logo can be protected as a work of fine art and software as a literary work without registration. However, to protect a logo as a trade mark, trademark registration is recommended.
Can I claim priority from my home-country application?
Yes. Under the Paris Convention, priority can be claimed for a Turkish application filed within six months for trademarks and designs, and twelve months for patents and utility models.
What can I claim if my trademark is infringed in Turkey?
A declaration and cessation of infringement, prevention of further infringement, seizure of products, pecuniary and non-pecuniary damages and publication of the judgment. A criminal complaint and customs measures against counterfeit imports are also available.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation. Legislation and court practice change over time, so check the current legislation before taking any step. Last updated: 14 October 2026