Why is a marketplace trademark complaint rejected? Seven common reasons and how to strengthen the file

Marketplace trademark complaints are often rejected for missing documents, the wrong channel, a class mismatch or weak grounds. Seven reasons and their fixes.

Marketplace trademark complaints are often rejected not because the brand is wrong but because the file is incomplete. The most common reasons are missing documents, the wrong channel, a registration that does not cover the product, a complaint without grounds, a seller reselling genuine goods, a contract dispute reported as trademark infringement, and the same complaint repeated without a new document. Below we explain each reason with the platforms' own pages and Türkiye's Industrial Property Law No. 6769.

Under Article 9(3) of Law No. 6563 on the Regulation of Electronic Commerce, the intermediary service provider removes the product on the right holder's complaint based on information and documents about the infringement of intellectual and industrial property rights, and notifies the seller and the right holder. If the seller submits an objection based on information and documents showing the opposite, the product is republished. The complaint and the objection contain the parties' full identity and address details, information about the product and the grounds.

The text of the law sets no hour limits. For Articles 12 to 14 of the 2022 regulation that sets out the details, the 10th Chamber of the Council of State (Danıştay) issued a stay of execution in May 2023; as of November 2026 we have found no published information that the stay has been lifted. The time limits and document requirements written on the platforms' own pages are therefore each platform's own practice.

In short, the complaint must rest on "information and documents". Most rejections break at some point in that requirement.

1. Documents are missing or there is no registration certificate

Hepsiburada's application process page lists the information and documents required for a complaint:

  • the registration certificate issued by the Turkish Patent and Trademark Office showing ownership of the right,
  • the complainant's identity or company name, address, e-mail and, if any, KEP (registered electronic mail) address,
  • if an agent applies, a document showing the agent's authority to represent,
  • the grounds and evidence that the product infringes the right,
  • the web address showing the product,
  • a statement accepting liability for damage if the information and documents are untrue.

According to the page, if one or more of these is missing the application is not considered and the applicant is told what is missing. Dolap's user agreement lists similar elements for a complaint.

Fix: Before filing, check that the registration certificate is current, that the renewal date has not passed and that the complainant's name matches the owner's name in the register. If a licensee or distributor applies, attach the trademark owner's authorisation. We explain why unregistered marks are different in is an unregistered trademark protected?.

2. The complaint went through the wrong channel

Each platform accepts complaints through specific channels. Trendyol's IP infringement notice page lists the Seller Panel for sellers, a contact form for others, a notary address and KEP signed with a secure electronic or mobile signature. Hepsiburada directs right holders to a notary or KEP. A plain e-mail or a customer service message does not replace these channels.

Fix: Check the platform's current notice page at the time of the complaint. We collect the channels published by platforms in Türkiye in one table in marketplace IP complaint channels.

3. The registration does not cover the product

Under Article 7(2), the trademark owner's right to prevent use rests on the goods and services covered by the registration or on identical or similar goods where there is a likelihood of confusion. If your mark is registered only for cosmetics, a complaint about a hardware product sold under the same name is weak. Protection for marks with a reputation (Article 7(2)(c)) needs a separate assessment.

Fix: State clearly in the complaint which classes and goods the registration covers and how the reported product falls within them. Your lawyer assesses which route is open for use outside that scope.

4. The grounds and evidence are weak

"This seller is selling fakes" is not a ground. Law No. 6563 and the platform pages ask for grounds and evidence. A strong complaint includes:

  • the listing link and a dated screenshot,
  • concrete differences showing why the product is not genuine: packaging, label, logo, barcode, price or unauthorised use of official photos,
  • the fact that the seller is not on your authorised seller list,
  • where available, a test purchase and product examination.

Fix: Link each complaint to its own evidence file. We explain the evidential value of screenshots in is a screenshot valid evidence?.

5. The seller is reselling genuine goods

Under Article 152(1), once products have been put on the market by the right holder or with its consent, acts relating to those products fall outside the scope of the right. If an unauthorised seller resells genuine goods, a trademark complaint is often reversed on objection; the seller's invoice and supply chain documents decide the objection.

Article 152(2), however, gives the trademark owner the right to prevent the commercial use of such products after they have been altered or impaired by third parties. Damaged, repackaged or relabelled products are therefore assessed separately.

Fix: First try to establish whether the product is genuine. For unauthorised sales of genuine goods, consider the routes in how to spot unauthorized sellers of your brand.

6. A contract dispute was reported as trademark infringement

Amazon.com.tr's infringement reporting page is clear: Amazon respects a manufacturer's right to enter into exclusive distribution agreements, but violations of such agreements do not constitute intellectual property infringement, and enforcing them is a matter between the manufacturer and the retailers. A distributor selling outside its territory or a reseller ignoring the price policy is therefore not resolved with a trademark complaint.

Fix: Handle contract breaches through the contract's own remedies, with your lawyer. Keep trademark complaints for counterfeit products, unauthorised use of official images or uses that create confusion.

7. The same complaint was repeated without a new document

According to Hepsiburada's page, complaints about the same product and the same claim are not processed unless new documents proving the infringement are submitted. Sending the same file again after the seller's objection therefore does not work. The platform's review of the seller's objection is also limited to the documents the seller submits.

Fix: Add a new document to the second complaint; a test purchase, a product examination, a statement showing the seller's document is invalid or newly dated findings are examples. We cover the details in what to do when a removed listing comes back.

A short checklist before filing

CheckWhy
Registration certificate current, classes cover the productOwnership and scope are the first things reviewed
Complainant matches the registered owner, or authorisation is attachedAgents and licensees are asked for proof of authority
Channel is the one on the platform's current pageAn application through the wrong channel may not be processed
Listing link and dated screenshot attachedThe web address showing the product is required
Grounds list concrete differencesThe law asks for a complaint based on information and documents
Whether the product is genuine has been assessedSales under Article 152 may be reversed on objection
Liability statement signedSome platforms ask for it separately
A repeat complaint includes a new documentA repeat complaint without one may not be processed

How does Authex prepare the complaint file?

Authex finds suspicious listings on marketplaces and records each one with the source link, date and time of capture and screenshot. Product images are compared with your official photos, the seller is matched against your authorised seller list and the same seller's earlier findings are added to the file. A SHA-256 digest of the screenshots and of the evidence file (PDF and ZIP) is kept.

For each finding, a notice draft is prepared; it is marked as a draft for legal review and includes a checklist of attachments. Finalising the registration details and grounds, the decision to send the complaint and the sending belong to the brand team or its lawyer; the platform decides on removal. The listing's status is monitored after the notice. The scope is on the marketplace monitoring page.

Frequently asked questions

My complaint was rejected. Can I apply again?

If the reason was missing documents, you can apply again once the gap is filled. When applying again with the same claim after a seller's objection, platforms such as Hepsiburada ask for a new document.

My registration is in its renewal window. Can I still file a complaint?

The registration is valid while the protection period runs. Under Article 23, renewal can be made in the six months before expiry or, if missed, with an extra fee in the following six months. Attaching a current register extract strengthens the file.

Can my distributor file the complaint?

The trademark owner's agent or a person it authorises can file. In that case platforms ask for a document showing the authority to represent.

If the platform rejected the complaint, is the court route closed?

No. Article 9(3) of Law No. 6563 reserves the parties' right to apply to judicial and administrative authorities under general provisions. Your lawyer assesses that route.

This article is for general information. Platforms' complaint requirements can change; check the current page before filing and consult your lawyer for a legal assessment.

Sources

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