Trademarks, copyright and intellectual property
From registering your trademark and opposing a similar filing to unauthorised use of your work and design protection, we handle the process with you.
Intellectual property law protects the rights arising from trademarks, patents, utility models, designs and authorship. A business's name, logo, product look or software is often among its most valuable assets. Trademarks, patents and designs are protected under the Industrial Property Code No. 6769 (Sınai Mülkiyet Kanunu, SMK), and creative works under the Law on Intellectual and Artistic Works No. 5846 (Fikir ve Sanat Eserleri Kanunu, FSEK).
Before filing a trademark, we search for identical and similar marks, choose the classes of goods and services that fit your business, and follow the application before the Turkish Patent and Trademark Office (TÜRKPATENT). If your application is opposed we prepare the response; if a similar application by someone else is published, we file an opposition within the deadline.
Where a registered right is infringed, we act through cease-and-desist letters, preservation of evidence, interim injunctions, and actions to stop the infringement and claim damages. We also handle invalidity, revocation, licensing and assignment. Copyright arises automatically when a work is created; in a dispute, the real issue is proving authorship and the unauthorised use.
Deadlines are decisive in this field: an opposition to a published trademark application must be filed within two months, and to a published design registration within three months. Once these deadlines pass, the remaining route is usually a longer and more expensive invalidity action.
When you may need this
- I am about to launch a new brand, name or logo and want to register it first.
- My trademark application was published in the Official Trademark Bulletin and a company has opposed it.
- I have seen a published application for a mark similar to mine and want to oppose it.
- TÜRKPATENT has refused my application in whole or in part.
- A competitor is using my registered trademark, or something very similar, online or in its shop.
- I have received a cease-and-desist letter claiming I am using someone else's trademark.
- My photo, text, music or software is being used without permission, or I have received a copyright notice on social media.
- I want to protect the look of my product with a design registration, or take action over a copied design.
How the process works
- 01
Search and strategy
We search TÜRKPATENT's records for identical and similar marks and assess whether there is an obstacle to registration. We choose the classes of goods and services based on your current and planned activities.
- 02
Filing and examination
The application is filed electronically with TÜRKPATENT, which examines formal requirements and the absolute grounds for refusal. A refusal can be appealed within two months of notification.
- 03
Publication and opposition
An accepted application is published in the Official Trademark Bulletin, and third parties have two months to oppose. If there is an opposition we prepare the response, including a request for proof of use where relevant; if not, the mark is registered once the registration fee is paid.
- 04
Protection and renewal
A trademark is protected for ten years from the filing date and can be renewed for further ten-year periods. We watch the Bulletin for conflicting filings and keep track of renewal dates.
- 05
Infringement and litigation
In an infringement case we first secure the evidence and usually start with a cease-and-desist letter. If needed, we bring an action before the intellectual and industrial property civil court to establish and stop the infringement and claim damages, and request an interim injunction; actions against decisions of TÜRKPATENT's appeal board are heard in Ankara.
Services in this area
- Trademark searches and applications01
- Oppositions and responses to oppositions02
- Appeals against TÜRKPATENT decisions and related court actions03
- Patent, utility model and design registration04
- Invalidity and revocation requests05
- Licence, assignment and name rights agreements06
- Trademark infringement and unfair competition cases07
- Copyright and authorship disputes08
- Cease-and-desist letters, preservation of evidence and interim injunctions09
Documents worth bringing
- A clear sample of the trademark, logo or product image you want to use
- Information on your business and the goods or services you sell
- Identity details; for a company, the trade registry gazette and tax details
- Invoices, catalogues, advertising and online records showing how long you have used the mark
- Any TÜRKPATENT application number, refusal or opposition letters
- For infringement: product samples, screenshots, online listings, purchase invoices
- For copyright disputes: the original version of the work, drafts, publication dates, contracts
- Any cease-and-desist letter or court papers you have received
How fees and costs are determined
Legal fees are agreed in a written fee agreement between lawyer and client. Under Turkish law the fee cannot be lower than the Minimum Attorney Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations, and it is subject to the limits in Article 164 of the Attorneys' Act No. 1136. Because a filing, an opposition and a lawsuit involve very different work, the fee is agreed at the outset according to the task.
Separately from legal fees, official fees are paid to TÜRKPATENT for filing, classes, opposition, registration and renewal; these are updated every year and the current tariff is published on TÜRKPATENT's website. If a lawsuit is filed, there are court fees, service costs and usually an expert examination; the losing party bears these costs and pays the other side's statutory attorney fee set under the AAÜT. Commercial disputes involving a money claim may require mandatory mediation before a lawsuit can be filed.
Frequently asked questions
How do I register a trademark in Turkey?
First, a search is made for identical or similar registered marks; then the classes of goods and services are chosen and an electronic application is filed with TÜRKPATENT. After examination the application is published in the Official Trademark Bulletin; if the two-month opposition period passes without opposition, the registration fee is paid and the mark is registered.
How long does trademark registration take?
Without opposition, the process is usually completed within a few months; the two-month opposition period after publication alone requires some waiting. If the application is opposed or refused, the review of the appeal and, if necessary, a court action extend the timeline.
What is the deadline for opposing a trademark application?
An opposition to an application published in the Bulletin must be filed in writing, with reasons, within two months of publication, and the opposition fee must be paid within the same period (Article 18 SMK). Appeals against TÜRKPATENT decisions must also be filed within two months of notification (Article 20 SMK).
How much does trademark registration cost?
TÜRKPATENT's filing and registration fees depend on the number of classes and are updated every year; the current amounts are listed in the Office's fee tariff. If a lawyer or trademark attorney handles the application, a service fee is added.
How long does a trademark registration last?
A registered trademark is protected for ten years from the filing date and can be renewed indefinitely for ten-year periods. Renewal is made in the six months before expiry; if missed, there is a further six-month grace period with an additional fee (Article 23 SMK).
Do I need to register copyright in Turkey?
No. Intellectual and artistic works are protected under FSEK from the moment they are created, without registration. What matters in a dispute is proving authorship and the date of creation; drafts, publication records, notarisation or the optional registration with the Ministry of Culture and Tourism all help. Protection generally lasts 70 years after the author's death.
How long is a design protected?
A registered design is protected for five years from the filing date and can be renewed in five-year periods up to a total of 25 years. An unregistered design is protected for three years from the date it was first made available to the public (Article 69 SMK).
This page is for general information only and does not constitute legal advice. Every legal matter has its own circumstances; please request a meeting for your specific situation.
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