Trademark Law and Trademark Application Process

Trademark law is the branch of law that deals with the registration, use and protection of a trademark. Trademark law is very important to protect the rights of trademark owners and allow them to continue their commercial activities. Trademark law is the body of laws and regulations relating to the registration, protection and use of trade marks. These laws allow trade mark owners to protect their trade marks and prevent other companies from using them.

Trademark law is important for trademark owners because their trademarks are the identity of a business and need to be protected to preserve its reputation.

The operation of trade mark law begins with the registration and protection of a trade mark. A trade mark is a name, symbol, logo or design associated with a particular product or service. By registering the trade mark, the trade mark owner obtains legal protection for his trade mark. The use of a registered trade mark belongs exclusively to the trade mark owner and other companies are prohibited from using the same or a similar trade mark.

Trademark law regulates the registration and protection of a trademark as well as its use. The trade mark owner is obliged to use his trade mark in a way that prevents others from being misled. Furthermore, the trade mark owner must use his trade mark limited to the products or services for which he has registered the trade mark. In other words, the trade mark owner cannot associate its registered trade mark with another product or service.

Trademark law provides for the protection of trademarks, which allows trademark owners to prevent unauthorised use of their trademarks. The trademark owner can take legal action in case of unauthorised use of its registered trademark and can penalise other companies for trademark infringement.

In addition, the trade mark owner can sue other companies for the use of its registered trade mark and prevent the use of its trade mark. The lawyer is of great importance for trademark registration. Because trademark registration is a legal and technical process and requires expertise.

 The trademark owner should conduct a trademark search before applying for registration and follow the legal steps correctly during the application process. In addition, it requires the expertise of the lawyer to deal with the legal problems that the trademark owner may encounter during and after the registration application.

Trademark Registration: What Can Be Registered as a Trademark?

The registration of trademarks helps to protect the signs that distinguish the goods or services of a business from other businesses. Signs defined by law may include words, shapes, colours, letters, numbers and even sounds. Therefore, there are many elements that can be registered as a trademark. These elements can be given as examples as follows:

Words or phrases: For example, words or phrases such as Pepsi, , Adidas can be registered as a trade mark.

Letters: For example, letters such as IBM, HP can be registered as trademarks.

Numbers: For example, numbers such as 7UP, 7-Eleven can be registered as trade marks.

Shapes: For example, shapes such as Apple’s apple logo, Nike’s “swoosh” logo can be registered as trademarks.

Colours: For example, certain colours such as Tiffany blue, UPS brown, etc. can be registered as trademarks.

Sounds: For example, sounds such as Intel’s five-note sound logo can be registered as a trade mark.

Why should a trade mark application be filed?

Trademark registration application is a type of application made to secure the legal rights of your trademark. While registered trademarks protect the image of the business, it also prevents possible damages to the trademark by malicious people in advance. Trademark registration is therefore a must for a business.

In other words, it is the biggest element that ensures the continuity of the business. If you are a business with an unregistered trademark, your trademark is used by others and you cannot prevent it. However, if you are a registered trademark, then you can easily prevent this

How Can I Register My Trade Mark?

Who Can File a Trademark Application?

Trademark application is filed by the trademark owner or official trademark attorneys registered in the Turkish Patent and Trademark Office Registry.

Applications made by persons who are not trademark attorneys through the trademark owner’s e-government cause severe victimisation of trademark owners.

 Since the mistake made in the trademark application is made on behalf of the trademark owner, it directly binds the trademark owner itself, and the person who made the transaction does not have any responsibility because it does not appear in the system. In other words, trade mark owners cannot find an interlocutor.

In addition, since it is not possible to apply for legal person trademark applications through e-government, applications made through real person e-government are erroneous and should be avoided. What needs to be done is to agree with a trademark attorney registered in the official registry and make a trademark application through EPAST.

What are the Documents Required for a Trade Mark Application?

Notarised Power of Attorney

APPLICATION FORM

For legal entities; certificate of activity, tax certificate

BRAND EXAMPLE

LIST OF GOODS AND SERVICES SUBJECT TO APPLICATION

DOCUMENT THAT THE APPLICATION FEE HAS BEEN PAID

Fees and Duties to be paid to the State for Trademark Registration

APPLICATION FEE FOR SINGLE CLASS BRANDS: 1630 TL

ADDITIONAL CLASS (2nd CLASS) FEE: 1630 TL

ADDITIONAL CLASS (FEE FOR GRADE 3 AND EACH CLASS AFTER: 1810 TL

TRADEMARK REGISTRATION FEE: 4020 TL

Fee for issuing a copy of the Trademark Registration Certificate: 1670 TL

Trademark Registry Copy Issuance Fee: 1670 TL

Registration Fee for Transfer-Partial Transfer Transaction: 3430 TL

Transaction Fee for Structural Changes such as Merger, Demerger or In-Kind Capital Contribution Obligation: 2420 TL

Registration Fee for Inheritance Transaction: 3160 TL

Undergraduate Registration and Licence Renewal Fee: 5700 TL

Pawn Transaction Registration Fee: 3460 TL

Pre-emptive Right Registration Fee: 1990 TL

Classification List Preparation Fee: 690 TL

Pre-emptive Right Certificate Issuance Fee: 1100 TL

Fee for Objection to Published Trademark Applications: 640 TL

Fee for the Preparation of Official Letter Regarding Trademark Information: 160 TL

Fee for Notification of International Trademark Application to WIPO in accordance with Madrid Protocol: 2200 TL

Fee for Notification of Subsequent Determination and Other Requests to WIPO Pursuant to Madrid Protocol: 900 TL

Relocation and Conversion Fee in accordance with Madrid Protocol: 900 TL

Trademark Application Division Fee: 2320 TL

Trademark Renewal Fee: 5010 TL

Trademark Renewal Fee for Expired Protection Period: 8770 TL

Trademark Partial Renewal Fee: 5010 TL

Partial Renewal Fee for a Trade Mark whose Protection Period has Expired: 8770 TL

Recognition Request Review Fee: 19560 TL

Request for Transfer Transaction through Execution / Bankruptcy: 3430 TL

Trademark Cancellation Request Fee: 19560 TL

These fees are current as of 2024 and are likely to be updated again later.

Trademark Application Evaluation Process

The trademark shall be examined in terms of the above-mentioned aspects and the Office shall issue a decision. Those concerned may appeal against the decision of the Office within two months.

a) Signs that cannot be trademarks within the scope of Article 4.

b) Signs that do not have any distinctive characteristic.

c) Signs which exclusively or as an essential element include signs or designations in the field of commerce indicating genus, variety, quality, quality, quantity, purpose, value, geographical origin or indicating the time when the goods are produced or services are provided or indicating other characteristics of the goods or services.

ç) Signs that are identical or indistinguishably similar to a trade mark that has been registered or for which an application for registration has been made at an earlier date in relation to the same or the same type of goods or services.

d) Signs which contain exclusively or as an essential element signs or designations which are used by everyone in the field of trade or which serve to distinguish those belonging to a particular profession, art or trade group.

e) Signs that exclusively contain the inherent shape or other characteristic of the goods or the shape or other characteristic that is necessary to obtain a technical result or that gives the goods their intrinsic value.

f) Signs that will mislead the public about the nature, quality or geographical origin of the goods or services.

g) Sovereign/heraldry, flags and emblems of the Member States and official control and guarantee marks recognised by the Member States in accordance with Article 6 of the Paris Convention, 2nd Repeated Article 2.

ğ) other signs of public interest, historical and cultural values, which are outside the scope of Article 6 of the 2nd Repeated Article 2 of the Paris Convention, and signs containing coats of arms, insignia or designations for which registration permission has not been granted by the competent authorities.

h) Signs containing religious values or symbols.

ı) Signs contrary to public order or public morality.

i) Signs consisting of a registered geographical indication or containing a registered geographical indication.

The trademark shall be examined in terms of the above-mentioned aspects and the Office shall issue a decision. Those concerned may appeal against the decision of the Office within two months.

After the trademark is examined and decided on the above-mentioned aspects, the relevant trademark is published in the Official Trademark Bulletin.

Those concerned may appeal against this publication decision within 2 months.

The applicant shall be notified to pay the required registration fee for the trade marks that are not objected or whose objection is rejected.

After the applicant pays the registration fee, the trade mark is registered in the official register and published in the Bulletin.

What are the Benefits of Trademark Registration?

Trademark registration helps a company to distinguish its products or services from other companies. Trademark registration protects a company’s trademark and protects the company’s reputation, preventing other companies from using a similar name or sign for the same or similar products. The benefits of trademark registration are countless. The main ones of these benefits are as follows:

Legal Protection

Trademark registration protects a company’s trademark and prevents other companies from using it. This ensures legal protection of the trademark and protects the reputation of the company.

Increase in Brand Value

A registered trademark increases the reputation of the company and gains the trust of customers. This increases the value of the brand.

Competitive Advantage

A registered trademark enables a company to differentiate itself from its competitors. This enables the company to gain a competitive advantage.

Expansion Opportunities

Trademark registration facilitates a company to offer different products or services. A registered trademark enables the company to offer new products or services and increase brand awareness.

Licensing

A registered trademark provides an opportunity for a company to licence its trademark to other companies. This increases the company’s revenues.

Investment Opportunities

A registered trade mark increases a company’s investment opportunities. A registered trademark increases the value of a company and attracts investors.

Trademark registration is an important investment for a company. A registered trademark protects the company’s reputation, gives it a competitive edge and opens up new opportunities. Therefore, registering a company’s trade mark brings great benefits in the long run.

There are various legal remedies available to the author whose rights are infringed. The author may file lawsuits against the infringer, such as the Action for Refusal of Infringement, the Action for Prohibition of Infringement, and the Action for Transfer of Profits Obtained. Likewise, if the conditions required in our legislation are met, he/she may claim material and/or moral damages. However, these are not the only judicial remedies that the author may apply in case of infringement of his rights on the work.

 It is also possible for the violator to be prosecuted and punished for his/her actions subject to the violation. Details regarding these offences subject to complaint and the prescribed penalties are given in the continuation of our article.

1. Rights of the Author in Intellectual and Artistic Works

According to Law No. 5846 on Intellectual and Artistic Works (FSEK), the real or legal person who creates the work is considered as the author. Each work included within the scope of the Law on Intellectual and Artistic Works (FSEK) grants certain rights to the author simultaneously with the creation of the work. In other words, the author does not need any registration in order to claim rights over his/her work.

On the other hand, the rights granted to the author pursuant to the Copyright Act are divided into two categories: financial and moral rights. In practice, it is frequently encountered that these rights are used in conjunction with each other or that while one right is exercised, the other right is also exercised as a natural consequence thereof.

1.1. Moral Rights on Intellectual and Artistic Works

The moral rights of the author within the scope of the Copyright Act are rights that are directly connected to the author and cannot be transferred to another person. Although it is not possible to transfer the right directly to another person, it may be possible for the author to transfer the authorisation to use the right to another person. The moral rights in question are

• The right of publicity,
• Authorisation to state the name,
• With the authorisation to prevent changes to the work
• Rights against the owner and the possessor.

1.2. Financial Rights on Intellectual and Artistic Works

The author’s financial rights are listed in a limited number in our legislation. The right of processing, the right of reproduction, the right of dissemination, the right of representation, the right of transmission to the public by means of sign, sound/image transmission, and the right to share and trace are among the financial rights of the author. No other financial right may be created in addition to the financial rights that are individually determined by the legislation. Furthermore, unlike moral rights, these rights may be transferred and assigned.

2. Criminal Sanctions for Infringement of Rights Regarding Works

There are legal remedies available to the author whose rights have been infringed in order to terminate the infringement or to compensate the material and moral damages. On the other hand, Art. 71 and 72 of the Code provides for various criminal sanctions against persons who infringe the moral, financial or related rights of protected works.

2.1. Infringement of moral, financial or related rights

FSEK Article 71-

By infringing moral, financial or related rights related to intellectual and artistic works protected under this Law:

1. Any person who, without the written permission of the right holders, processes, represents, reproduces, modifies, distributes, transmits or publishes a work, performance, phonogram or production to the public by any means of signal, sound or image transmission, or offers for sale works that have been illegally processed or reproduced, A person who sells, leases, lends or otherwise disseminates, purchases for commercial purposes, imports or exports, possesses or stores for other than personal use shall be sentenced to imprisonment from one year to five years or to a judicial fine.

2. Whoever names the work of another as his own work shall be sentenced to imprisonment from six months to two years or to a judicial fine. If this act is committed by distributing or publishing, the upper limit of imprisonment shall be five years and no judicial fine shall be imposed.

3. A person who quotes from a work without citing the source shall be sentenced to imprisonment from six months to two years or to a judicial fine.

4. Any person who, without the permission of the right holders, makes a public statement about the content of a work that has not been made public shall be sentenced to imprisonment for up to six months.

5. Any person who cites inadequate, inaccurate or deceptive sources for a work shall be sentenced to imprisonment for up to six months.

6. Any person who reproduces, distributes, disseminates or publishes a work, performance, phonogram or production by using the name of another well-known person shall be sentenced to imprisonment from three months to one year or to a judicial fine. Those who commit the acts referred to in the first paragraph of Additional Article 4 of this Law without authorisation and information content providers who continue to violate the rights recognised in this Law shall be sentenced to imprisonment from three months to two years, unless their acts constitute an offence requiring a more severe penalty. A person who offers for sale, sells or purchases a work, performance, phonogram or production that has been illegally produced, processed, reproduced, distributed or published, may be given a discount from the penalty to be imposed on him or may be dispensed with the penalty if he notifies the person from whom he obtained them before the prosecution phase and ensures their arrest.

2.2. Preparatory Acts to Defeat Protective Programmes against Trademark Infringement

FSEK Article 72-

 Any person who produces, offers for sale, sells or possesses for other than personal use, programmes or technical equipment intended to render ineffective additional programmes designed to prevent the unlawful reproduction of a computer programme shall be sentenced to imprisonment from six months to two years.

3. Complaint against Trademark Infringement

In order to initiate the investigation and prosecution process against the persons concerned for the above-mentioned offences, a complaint is required. In accordance with our legislation, the main persons who have the right to file a complaint can be listed as follows:

• Persons whose rights have been violated
• Ministry of National Education
• Ministry of Culture and Tourism
• General Directorate of Press and Publication
• Organisations Representing Turkish Press
• Professional associations

In order for a complaint to be considered valid, the persons who have rights to the work or the collecting societies of which they are members must also submit documents proving these rights.

Upon a duly filed complaint application, the law enforcement authority will investigate the incident subject to the offence and collect evidence. At this point, due to the fact that the incident subject to the offence is one of the urgent works due to its nature, it is extremely important to take immediate action in order to ensure that the judicial process can be carried out properly.

4. Procedure to be followed in Criminal Case

Based on the complaint made in accordance with our explanations above, the prosecutor’s office may take the protection measure of confiscation in accordance with the Criminal Procedure Law No. 5271. If the violation is related to the unauthorised reproduction of the works, the prosecutor’s office may issue a decision to stop the activity limited to the reproduction activity subject to the offence. This decision issued by the Prosecutor’s Office must be approved by the Criminal Judgeship of Peace within 24 hours, otherwise, the unapproved decision shall be null and void.

On the other hand, pursuant to the Industrial Property Law No. 6769 (IPL), certain signs designed to distinguish the goods/services of an enterprise from those of other enterprises are recognised as trademarks. In cases where the rights granted to the owner of the trademark are violated, as explained in this article, it may be possible to impose criminal sanctions against the violators.

How Can the Trademark Owner Prove That He Is the Right Holder?

The proof of trademark ownership differs between registered trademarks and unregistered trademarks. Owners of registered trademarks can prove that they are the owners of their trademarks with a certificate of registration. However, the situation is different for the owners of unregistered trademarks. Owners of unregistered trademarks must gain distinctiveness in the eyes of the customer base by using their trademarks and document this process by using their trademarks seriously.

These documents may include any record of the use of the trade mark over time from the date the trade mark was first used. For example, records of the use of the mark in the packaging of products, in advertisements or on social media accounts can be counted among these documents.

However, unregistered trade mark owners must prove that the trade mark is unique and distinctive in the eyes of the customer base, in addition to the dated documents to prove their rights over their trade marks. Therefore, it must be proved how widely the trademark is used, how well the trademark is recognised by the target audience and how it creates a difference between competitors. For registered trademark owners, it is sufficient to submit the registration certificate to prove their trademark right.

Registered trade mark owners have trade mark rights because they have completed the necessary procedures for the registration of their trade marks. Registered trade marks provide their owners with legal protection for the use of the trade mark and in case of infringement of trade mark rights, the owners can take legal action on the basis of the registration documents. As a result, proof of trade mark ownership differs between unregistered and registered trade marks.

Unregistered trade mark owners must document the serious use of their trade marks and prove that they have acquired distinctiveness. Registered trade mark owners can prove that they are the owner of the trade mark rights by submitting the registration documents.

Registration, Renewal of Registration and Protection Period

Article 11 of the Industrial Property Law No. 6769 (IPL) titled “Application conditions, classification and division” lists the documents that must be submitted when applying for a trademark. It is also regulated in the same provision that only one trademark registration can be requested in each application to be made to the Turkish Patent and Trademark Office (TPMK) together with the documents in question.

While evaluating the trademark application, it is first determined to which class the goods/services subject to the application belong in accordance with the Nice Agreement on the International Classification of Goods and Services for the Purpose of Registration of Marks. You can access the current Nice Classification List published on the official website of the Turkish Patent Office.

The Turkish Patent and Trademark Office first examines whether the application complies with Article 3 of the IPL titled “Persons to benefit from protection”. If it is concluded that the application is made in order to benefit from the trademark protection of persons who comply with the legislation, this time, the formal conformity examination is carried out in accordance with Article 11 mentioned above.

 In the absence of any deficiency pursuant to the relevant legal provision, the application shall be finalised as of the date, hour and minute of receipt of the application. If it is determined that there is a formal deficiency, the applicant shall be given a period of two months to remedy the deficiency. If the deficiencies are not corrected within this period, the application shall be cancelled.

In the event that the application is finalised, the Turkish Patent and Trademark Office shall examine whether the application is subject to one of the absolute grounds for refusal listed in Article 5 of the IPL or the relative grounds for refusal, if any. If, as a result of the examination, it is concluded that the application cannot be registered for some or all of the goods or services covered by the application, the application shall be rejected in terms of these goods or services.

For applications for which the application is complete or the deficiencies are eliminated, which are examined and published pursuant to Article 16 of the IPL, for which no objection is made or all objections are finally rejected, the next stage is started. For applications at this stage, if the missing documents, including the information on the payment of the registration fee, are submitted to the institution within the due time, all stages of the application shall be deemed completed. The application, which has completed all stages, is registered by TPMK, recorded in the registry and published in the Official Bulletin of TPMK.

2. Persons Who May Benefit from the Trademark Right and the Principle of Uniqueness of the Owner of the Trademark

From the protection provided in the IPC;

• Citizens of the Republic of Turkey,
• Natural or legal persons having a place of residence or carrying out industrial or commercial activities within the borders of the Republic of Turkey,
• Persons entitled to apply under the provisions of the Paris Convention or the Agreement Establishing the World Trade Organisation of 15/4/1994,
• Pursuant to the principle of reciprocity, nationals of states that provide industrial property right protection to nationals of the Republic of Turkey may benefit.
• The principle of uniqueness of the trademark owner means that a trademark cannot be registered in the name of more than one person within the circle of goods and services in which it is registered, and that a trademark can have only one owner. Since this principle is seen as a consequence of public order, even the consent of the trade mark owner for the registration of a similar trade mark will not be effective.
• The principle of uniqueness of the trademark owner protects both the rights of the owner of the registered trademark and the rights of third parties who rely on a trademark. Which trademark will be protected will be determined according to the historical priority, and the trademark registered historically first will be protected. In subsequent times, the trademark that exceeds the limit of similarity with the previously registered trademark in relation to the same goods and services will not be registered.

3. The Rights Provided to the Owner of the Trade Mark

The trademark protection provided by the IPL can only be obtained through registration. The rights arising from the trademark registration belong exclusively to the trademark owner. Some of the rights provided by the law to the owner of the trademark are as follows:

• The owner of the trade mark may dispose of the trade mark and use the trade mark for economic and personal benefit.
• The trade mark owner uses the trade mark alone and has the right to prevent others from using the trade mark. When the uniqueness of the trade mark is infringed by similar or imitations, i.e. when an infringement is committed against the trade mark, the trade mark owner has the right to request the prevention of these infringements.
• In relation to the goods and services for which the trade mark is registered, some or all of the trade mark may be transferred to another person and may be the subject of a pledge right.
• The trade mark owner may pledge the trade mark as collateral independently of the business.
• The right to use a registered trademark may be subject to a licence agreement. The licensee has the right to use the trademark like the trademark owner, and benefits from the reputation and power of the trademark.

4. Termination of Trademark Protection

As clearly regulated in Article 22 of the IPL, the term of protection of a registered trademark is ten years from the date of application. This period shall be renewed in periods of ten years. The renewal request must be made by the trade mark owner within six months prior to the expiry of the protection period, and information regarding the payment of the renewal fee must be submitted to the institution within the same period.

If the request is not made in due time or the information that the renewal fee has been paid is not submitted to the institution in due time, renewal may be made by paying an additional fee within six months following the expiry of the protection period. The renewal registered in the Registry and published in the Bulletin shall take effect as of the day following the expiry date of the previous protection period.

If the trade mark owner does not request renewal within the time limit and in accordance with the legislation, the trade mark shall automatically expire. Another way of expiry of the trade mark is the voluntary renunciation of the trade mark right by the trade mark owner before the expiry of the 10-year period.

A trademark may also be terminated by cancellation. If the trademark owner does not use the trademark within 5 years from the date of registration without just cause, or if the trademark owner interrupts the use of the trademark for 5 years without interruption, the trademark may be cancelled.
In addition, if a decision of cancellation or invalidity is made about the trademark, the trademark right expires.

As a result of the principle of uniqueness of the owner of the trade mark, the protection continues for a period of time after the trade mark expires. For a period of three years after the expiry of common and guarantee trade marks, the registration of the same or similar trade marks is refused upon application. In the case of registered trademarks, within two years after the expiry of the protection period, applications for registration of the same or similar trademark for the same goods and services are refused.

The consequences of the expiry of a trade mark are forward-looking. The termination starts to be effective from the moment of the cause of termination and has all legal consequences valid until the moment of the cause of termination.

5. Legal Sanctions Applicable in Case of Infringement of Trademark Right

The trademark owner in case of infringement of the rights granted to him by the Industrial Property Law;

• Detection of Trademark Infringement,
• Prevention of Trademark Infringement,
• Stopping Infringement of Trademark Rights,
• Removal of Infringement of Trademark Right,
• Material Compensation Lawsuit for Infringement of Trademark Right,
• Suit for Moral Damages for Infringement of Trademark Right,

has the right to open a lawsuit.

6. Criminal Sanctions Applicable in Case of Infringement of Trademark Right

In case of infringement of the trademark right, the person or persons who commit this act have legal responsibility as well as criminal responsibility. The trademark right holder may also request the punishment of these persons by filing a criminal complaint to the Chief Public Prosecutor’s Office against those who commit the act of infringement.

Article 30 of the Industrial Property Law stipulates that the acts of infringement of the trademark right shall be punished with imprisonment from 1 year to 4 years and also with a judicial fine.

On the other hand, our legislation also provides the possibility for the author whose rights have been violated to file a criminal complaint with the public prosecutor’s office and to initiate criminal proceedings against those concerned.

As Güneş & Güneş Law Office, we are here for you;

As Güneş & Güneş Law Office, our detailed services for Trademark Registration and Protection of Your Trademark that we offer for you with our expert and experienced lawyers in the field of Trademark Law are as follows:

1. Preliminary Research and Consultancy for your brand name and the registration of your chosen Brand Name
    We conduct preliminary research to determine whether your brand is distinctive and registrable. For the uniqueness of your trademark, we carry out detailed researches in the TURKPATENT database and identify possible similarities by analysing according to the sector and trademark class. At this stage, we evaluate potential problems that may be encountered during the registration process and offer our solution suggestions.
2. Management of Trademark Registration Application Process
    We ensure the preparation of all documents required in the application. We provide consultancy for the trademark sample to be in the appropriate format, filling the application form with the correct information and determining the class of goods/services to be registered. We make your application to the Turkish Patent and Trademark Office (TURKPATENT) on your behalf and monitor every stage of the application.
3. Post-Application Advertisement and Objection Processes
    We ensure the protection of your trademark by responding to the objections received by third parties during the post-application advertisement phase. While preparing a defence against the objections, we respond with legal grounds and manage the process by requesting re-evaluation when necessary.
4. Trademark Protection and Trademark Renewal Procedures
    We manage the renewal procedures for the continuation of your rights at the end of the 10-year protection period of your registered trademark. We ensure that your legal rights continue indefinitely by applying for renewal before the protection period of your trademark expires.
5. Trademark Transfer and Licensing Transactions
    When you want to transfer your trademark to another person or organisation or grant the right to use it through a licence, we carry out transfer or licensing transactions. We support you in all steps such as preparing notarised transfer agreements, applying to the Turkish Patent and registering the transfer.
6. Trademark Registration and Trademark Infringement Litigation
    We initiate legal proceedings against unauthorised use of your registered trademark by third parties and manage your litigation process from the beginning to the end with our Expert and Experienced Lawyers in Trademark Law. In cases of infringement, we bring your material and moral compensation claims to court and provide an effective defence for the protection of your trademark’s reputation and rights. Again, in case of negativities in your registration process, we ensure the registration of your trademark through litigation when necessary. After registration, we file trademark lawsuits against the violator against the possible violations you may encounter regarding your trademark, such as the Case for Refusal of Infringement, the Case for the Prohibition of Infringement, the Case for the Transfer of the Profit Obtained, we are involved in the lawsuits that have been filed, we ensure the protection of your trademark and the prevention of violations against your trademark and the protection of your trademark rights.

Frequently Asked Questions