The Problem
Foreign businesses entering the Turkish market often delay trademark registration, only to discover that their brand name has already been registered by a local entity. Turkey operates on a first-to-file system, meaning the first person to register a trademark owns it — regardless of prior use in other countries. IP theft, counterfeiting, and brand squatting are significant risks for foreign businesses.
How the Law Works in Turkey
Intellectual property protection is governed by the Industrial Property Law (Sınai Mülkiyet Kanunu, Law No. 6769). Trademarks are registered through the Turkish Patent and Trademark Office (TÜRKPATENT). Registration provides protection for 10 years, renewable indefinitely. Turkey is a member of the Madrid Protocol, allowing international trademark holders to extend protection to Turkey. Patent protection lasts 20 years from filing. Trade secret protection is covered under the Turkish Commercial Code provisions on unfair competition.
What the Tourist Should Do
File a trademark application with TÜRKPATENT before entering the Turkish market. Conduct a trademark search to check for existing registrations. Use the Madrid Protocol for efficient international registration if you already have a home trademark. Monitor the Turkish Trademark Bulletin for conflicting applications and file oppositions within two months. Register your trademark with Turkish Customs to prevent counterfeit imports.
The Risks
Delay in filing allows trademark squatters to register your brand first, requiring expensive cancellation proceedings. Using an unregistered trademark in Turkey provides no legal protection against infringers. Counterfeiting is widespread in certain sectors (textiles, electronics, cosmetics). Patent applications not filed within 12 months of the priority date lose priority rights.
LetFix Solution
LetFix protects foreign businesses intellectual property in Turkey. Our IP lawyers handle trademark registration, opposition proceedings, anti-counterfeiting actions, and patent filings through TÜRKPATENT.
