How to Protect Your Intellectual Property in Turkey

Intellectual Property Protection Checklist for Turkey

To secure your brand in the Turkish market, follow this structured process to ensure compliance with the Industrial Property Code No. 6769.

• Conduct a Priority Search: Before filing, search the TÜRKPATENT database to ensure no identical or confusingly similar marks are already registered.
• Determine the Nice Classification: Identify which of the 45 classes of goods and services apply to your business.
• File the Application: Submit your application through a registered Turkish trademark attorney if you do not have a permanent residence in Turkey.
• Monitor the Bulletin: Watch the Official Trademark Bulletin for two months during the publication phase to identify any infringing applications by third parties.
• Record with Customs: Once registered, upload your trademark or patent details to the Ministry of Trade's Customs IP system.
• Establish Local Monitoring: Hire a local firm to conduct market sweeps (physical and online) for counterfeit products.
• Review Contracts: Ensure all distribution and manufacturing agreements with Turkish partners include clear IP ownership and non-compete clauses.

The First-to-File System vs. Prior Use Rights

Turkey primarily follows the "first-to-file" principle, where intellectual property rights are granted to the person who first applies for registration. This system prioritizes administrative certainty, meaning that even if you have used a brand name globally for decades, a local entity that files first in Turkey may legally claim the rights to that name within the country.

While "prior use" can occasionally be used as a defense or a ground for cancellation, it is an uphill legal battle. To succeed based on prior use, the original owner must prove that the mark has reached a level of "well-known" status or that the local applicant acted in bad faith. Because the burden of proof is high and litigation is expensive, international businesses are strongly advised to file for registration before entering the Turkish market or engaging in negotiations with local distributors.

Registering Trademarks with TÜRKPATENT

The Turkish Patent and Trademark Office (TÜRKPATENT) is the sole authority for registering trademarks, patents, and designs in Turkey. Under the Industrial Property Code (IPC), the registration process is designed to be streamlined but requires strict adherence to procedural deadlines.

The registration process typically follows these stages:

1. Application Submission: Filing can be done electronically. International companies without a registered branch in Turkey must be represented by a licensed Turkish trademark attorney.
2. Formal Examination: TÜRKPATENT checks for absolute grounds for refusal (e.g., lack of distinctiveness or generic terms).
3. Publication: If accepted, the mark is published in the Official Trademark Bulletin for two months. This is the window for third parties to file oppositions.
4. Final Decision: If no oppositions are filed or if oppositions are defeated, the mark is recorded in the Registry, and the registration certificate is issued.

The entire process generally takes between 6 to 10 months, assuming there are no significant oppositions.

Anti-Counterfeiting Strategies and Customs Seizures

Turkey is a major manufacturing hub and a transit point between Europe and Asia, making it a high-risk area for counterfeiting. To combat this, international brands should utilize the Turkish Ministry of Trade's centralized system for customs protection.

By recording your IP rights with the Ministry of Trade, you enable customs officers to identify and suspend the clearance of suspicious shipments. When a potential infringement is detected, customs will notify the right holder or their legal representative. You then have a limited window (typically 10 working days) to obtain a preliminary injunction from an IP court or to initiate a simplified destruction procedure if the counterfeit nature of the goods is clear. This proactive approach is significantly more cost-effective than attempting to seize goods after they have already entered the local retail market.

Estimated Costs for Trademark Registration

Registration costs in Turkey are divided between official government fees and professional legal fees. For a single class trademark registration, the official fees are relatively affordable compared to EU jurisdictions.

Note: Fees are subject to annual adjustments by the Turkish government. The amounts above represent estimated 2024 pricing. Legal representation fees are separate and vary by firm.

Common Misconception: Delaying Registration Until After Product Launch

A frequent and costly mistake for international businesses is waiting to register their IP until they have secured a Turkish distributor or launched their first product. In Turkey's first-to-file environment, this delay creates a "trademark squatting" risk.

Local entities often monitor international trends and register foreign brands in Turkey before the original owners arrive. Once they hold the registration, they can legally block your imports or demand an exorbitant buyout fee to transfer the mark back to you. Recovering a brand through "bad faith" litigation is time-consuming, often taking 1.5 to 3 years. Filing for registration at the earliest possible stage-ideally during the market research phase-is the only reliable way to prevent this scenario.

Other Common IP Myths in Turkey

"My WIPO registration covers me automatically."

While a Madrid Protocol (WIPO) application can designate Turkey, it is still subject to examination by TÜRKPATENT. If a local entity files a direct national application even a day before your WIPO designation reaches the Turkish office, they may gain priority. Furthermore, enforcing a WIPO-based right often requires local legal support to handle oppositions and renewals.

"Copyright is enough to protect my brand logo."

While copyright does exist automatically upon creation, it is difficult to enforce in a commercial context without a trademark registration. In Turkey, judges and customs officials much prefer the certainty of a TÜRKPATENT registration certificate over a claim of copyright ownership, which requires extensive proof of authorship and creation dates.

FAQ

How long does trademark protection last in Turkey?

Trademark protection lasts for 10 years from the date of application. You can renew the registration for additional 10-year periods indefinitely, provided you pay the renewal fees within the six months prior to the expiration date.

Can I lose my trademark if I don't use it in Turkey?

Yes. If a registered trademark is not put to "genuine use" in Turkey for a continuous period of five years without a valid reason, it becomes vulnerable to revocation. Any interested party can file a legal action to cancel the mark based on non-use.

Is Turkey a member of the Patent Cooperation Treaty (PCT)?

Yes, Turkey is a party to the PCT and the European Patent Convention (EPC). This allows international businesses to seek patent protection in Turkey through international or European filing routes, which are then validated locally.

When to Hire a Lawyer

Protecting your IP in Turkey involves navigating a specific administrative and judicial system. You should consult a Turkish IP attorney if:

• You are an international entity without a local address (legal representation is mandatory for TÜRKPATENT filings).
• You discover a local entity has registered a mark identical or similar to yours.
• You need to draft licensing or manufacturing agreements that involve the transfer or use of IP.
• You intend to initiate a customs seizure or a raid against counterfeiters.
• Your trademark application has been opposed by a third party.

Next Steps

1. Audit your Portfolio: Identify which of your brands, logos, or inventions are currently active or planned for the Turkish market.
2. Perform a Clearance Search: Check the TÜRKPATENT registry immediately to see if your marks are still available for registration.
3. Appoint a Local Representative: Secure a licensed Turkish trademark attorney to handle your filings and monitor the Official Bulletin for potential infringements.
4. Update Customs Records: Ensure your current registrations are recorded with the Ministry of Trade to activate border protection.