Trademark

Also known as: Trade Mark, Service Mark, Registered Trademark, Marka, IP Law Article 4

In short

Any sign that distinguishes the goods or services of one undertaking from those of others and can be represented in the register clearly and precisely.

A trademark is a sign that distinguishes the goods or services of one undertaking from those of others. Under Article 4 of the Industrial Property Law No. 6769 (IPL), any sign — including words and personal names, figures, colours, letters, numbers, sounds and the shape of goods or their packaging — may be a trademark, provided it is distinctive and can be shown in the register in a way that makes the subject matter of protection clear and precise.

How Trademark Rights Arise

In Turkey, trademark rights arise through registration with the Turkish Patent and Trademark Office (TÜRKPATENT). The filing date determines priority: the earlier applicant for an identical or similar sign generally prevails. For the procedure see Trademark Application.

Protection is limited to the goods and services listed in the application, which are specified according to the Nice Classification.

Rights Conferred by Registration

The owner may use the mark for the registered goods and services and prevent unauthorised use. Use of an identical sign, or a similar sign creating a likelihood of confusion, amounts to trademark infringement. Well-known trademarks may also be protected against use for different goods and services.

A trademark may be assigned, pledged or licensed to others under a licence agreement.

Risks of Losing Protection

A mark not genuinely used within five years of registration may be revoked on request; see Non-Use of Trademark.
A registration that lacks distinctiveness or was obtained in bad faith may be invalidated by a court; see Trademark Invalidity.
A mark that becomes the common name of a product through the owner’s acts or inaction may also be revoked.

Trademark and Trade Name

A trademark should not be confused with a trade name. A trade name is protected by registration in the trade registry and identifies the company; a trademark indicates the source of a product or service. A common problem in practice is that the core element of a company’s trade name has been registered as a trademark by someone else.

Frequently Asked Questions

Is trademark registration mandatory in Turkey?

No. An unregistered sign may be used, but trademark rights in Turkey arise through registration. Unregistered signs are protected only in limited ways, for example under unfair competition rules or through oppositions based on prior use.

How long does a registered trademark last?

Ten years from the filing date, renewable for further ten-year periods without limit.

Is a company name automatically a trademark?

No. A trade name identifies the company; a trademark identifies goods or services. The distinctive element of a trade name is not protected as a trademark unless it is registered as one.

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