Turkey: Trademark Provisions In The Industrial Property Law ("Law") No: 6769

Last Updated: 9 October 2018
Article by Selin Ozbek Cittone

The definition of trademark is broadened

Pursuant to article 4 of the Law, the definition of trademark has been broadened to include all kinds of symbols including personal names, words, figures, colours, letters, numbers, sounds and shapes of products and packages that can be distinguished and shown in the registry clearly and accurately. Symbols which may be trademarks are not exhaustively listed in the Law. In addition, as a result of the revocation of graphical representation requirement, new trademark types such as sound-marks and motion-marks can also be registered.

An exception is provided for refusal of trademark registration

In the previous legislation, it was provided that any trademark applications for symbols that were the same as or indistinguishable from a trademark previously registered (or for which a registration application has been made) for the same type of goods and services, would be rejected by the Turkish Patent and Trademark Office ("TP"). An exception is provided with article 5 of the Law, which allows the registration of a similar trademark, provided that the previous trademark proprietor gives express consent through a notarized permission , to the TP. According to the preamble of Article 5, this provision aims to protect the intention of applicants to coexist in the market.

Scope of objections against trademark registration is extended

A general provision has been added to the list of reasons for the denial of registration applications under article 6, which extends the protection provided to existing trademark proprietors, in cases where a trademark application is made in bad faith.

Objection periods are shortened

With Article 18, the announcement period stipulated for third party objections against trademark registration applications has been decreased from 3 months to 2, in order to shorten the total registration term. With the provision prohibiting the alteration and extension of grounds for objection after the end of the objection period, it is intended to prevent any extension of the process in bad faith.

Protection term remains the same; renewal for only a part of the goods and services is now possible

As in the previous legislation, the protection term for registered trademarks is 10 years as of the date of the trademark registration application and this term can be renewed for additional periods of 10 years. The Law differs from the previous legislation and allows the partial renewal of a trademark for specific goods and services under article 23.

New trademark applications may be filed for existing registered identical or similar unused trademarks

According to article 19, in case the trademark proprietor whose trademark has been registered for at least 5 years, objects to a new application which is identical or similar to his own trademark, the trademark proprietor is required to provide evidence regarding the significant use of his trademark in Turkey or valid reasons for the non-use of his trademark upon the request of the applicant. According to the preamble of this article, which lays the burden of proof on the existing trademark proprietor, it is aimed to provide efficient use of registered trademarks in the market and to prevent the abuse of objection right.

Trademark licensing is still valid

As per Article 24, trademark right may be licensed for some or all of the goods and services for which it is registered. This licence may be granted as exclusive or non-exclusive licence.

Unless otherwise provided in the agreement between the parties, the license shall be deemed non-exclusive. In non-exclusive license agreements, licenser may use the trademark himself or grant licences to third parties. In the case of an exclusive license, licenser may not grant licences to other parties and cannot use the trademark himself unless such is specifically reserved in the licence agreement. Unless it is specifically provided in the agreement, licensee cannot transfer the rights arising from the license or cannot grant a sub-license to third parties.

Trademark annulment power is granted to the TP

In addition to invalidity provisions, an administrative annulment is also regulated. Corresponding with the EU trademark practices, in certain cases, the trademark registration may be annulled by the TP as well as courts as per article 26.

According to article 192, article 26 shall be applicable as of 10.01.2024, 7 years after the the Law's coming into force. Until this date, annulment shall be exercised only by courts.

The trademark shall be annulled in cases where the trademark has become generic in respect of the goods or services due to the acts of the proprietor and because necessary precautions were not taken.

Moreover, as per the article 9, if the trademark has not been used significantly in Turkey within a period of five years following its registration without a valid reason or if its use has been suspended for an uninterrupted period of five years, the trademark shall be annulled.

How will the trademark be affected in case of invalidity and annulment?

In case the trademark is rendered invalid according to article 25, this shall be effective from the date of the trademark application, and the protection provided by the Law for such trademark will be deemed to have never provided. In case the trademark is annulled according to article 26, annulment shall be effective as of the submission date of the annulment request to the TP. However, in the event that the reasons for annulment were based on an earlier date, it may be decided that the annulment is effective as of such earlier date.

The Law introduces mediation

In accordance with article 19 which regulates the examination of objections against trademark registration, if the TP deems necessary, it may encourage the parties to reconciliation. In such case, the provisions of the Law on Mediation in Civil Disputes No. 6325 shall be applied. The main purpose of this regulation is to resolve disputes in the fastest way without going to trial.

There are fines and imprisonment for the infringement of trademark rights

Penal provisions are regulated in article 30 of the Law. According to this article, persons who produce goods or provide services by infringing a trademark in a manner causing confusion or quotation, exposing infringing goods for sale or sell, import and export, purchase, hold, transfer or stock for trading shall be sentenced to imprisonment for a period of one to three years and to pay an administrative fine for up to twenty thousand days.  In addition, the scope of infringing actions is widened and the possibility of confusion is also included.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Gokce Attorney Partnership
Erdem & Erdem Law
Kilinc Law & Consulting
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Gokce Attorney Partnership
Erdem & Erdem Law
Kilinc Law & Consulting
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions