FAQ
Intellectual property — frequently asked questions
The 8 questions we are asked most about Intellectual property, with answers. If you cannot find yours, write to us directly and we will answer.
Intellectual property
8 questionsHow do I oppose a trade mark application?+
An application published in the Official Trademark Bulletin is opposed in writing, with reasons, before TÜRKPATENT within two months of the publication date. The opposition fee must also be paid within the same period; in 2026 this fee is 1,150 TL. Reasons cannot be supplemented after the period has expired. The Office’s decision on the opposition can be appealed to YİDK within two months, and an action against the YİDK decision can be brought within two months in the Ankara Civil Court of Intellectual and Industrial Property Rights.
How long does trade mark registration take, and how many years is it valid?+
An unopposed trade mark application can result in registration in roughly one year; opposition and YİDK stages lengthen the process. A registered mark is protected for ten years from the filing date and can be renewed indefinitely for ten-year periods. Renewal is made within the six months before the term of protection ends; if this is missed, it can still be renewed within the six months after expiry with an additional fee.
Can I have an unused trade mark revoked?+
Yes. Revocation can be sought for a mark that, without a justified reason, has not been genuinely used in Turkey within five years of registration, or whose use has been suspended for five years. Since 10 January 2024 this request is made to TÜRKPATENT rather than to the court. The trade mark owner is given one month to submit evidence of use. In 2026 the revocation request fee is 35,320 TL.
What can I do against a company imitating my trade mark?+
First, evidence of the imitation should be gathered, and if necessary preservation of evidence should be requested from the court. A formal notice can then be sent, and an interim injunction can be sought to stop sales immediately. In the civil court of intellectual and industrial property rights, cessation of the infringement, seizure of the products and damages can be claimed; for a damages claim you must first apply to a mediator. If your mark is registered in Turkey, you can also file a criminal complaint with the prosecutor within six months.
What is the penalty for the offence of trade mark infringement?+
A person who, by imitating another’s trade mark, manufactures, sells, imports or stores goods for commercial purposes faces imprisonment from one to three years and a judicial fine of up to twenty thousand days. For a penalty, the mark must be registered in Turkey, and the investigation is subject to complaint. A person who sells counterfeit goods is not punished if they disclose where they obtained the goods and thereby enable the manufacturers to be caught and the goods to be seized.
My photo or article was used without permission. Can I claim copyright damages?+
Yes. The author can claim from the unauthorised user up to three times the fee they could have demanded had a contract been made, or the market value; they can also request removal of the content and, where the conditions are met, non-pecuniary damages. Unauthorised reproduction and distribution is also a criminal offence and is subject to complaint. It is important to keep the raw files, the date of first publication and screenshots showing that the work is yours.
Is registration required for copyright?+
No. Copyright arises automatically the moment a work is created and lasts for the author’s lifetime and 70 years after death. Recording with the Ministry of Culture and Tourism does not create the right; it only makes proof easier. What is decisive in a dispute is who created the work and when; for this reason draft files, version histories and delivery correspondence are often more valuable evidence than the recording.
Is my design protected if I do not register it?+
It is protected to a limited extent. An unregistered design is protected only against copying for three years from the date it was first made available to the public, and you must prove the date of first disclosure. A registered design, by contrast, is protected for five years from the filing date and can be extended by five-year renewals up to twenty-five years in total. Filing a registration application before the product goes on the market is also the safe course with regard to the novelty requirement.
Let us look at your situation together
In the first meeting we discuss the legal position of your case, the routes open to you and roughly how long they take. The meeting can be at our office or by video.