An unregistered trademark in Türkiye is not entirely unprotected, but its protection is much narrower than a registered mark's. Under Industrial Property Law No. 6769, trademark protection is obtained through registration. The owner of an unregistered mark can rely on prior use to oppose someone else's later application, can seek invalidation of a later registered mark and can turn to the unfair competition provisions of the Turkish Commercial Code. On the other hand, the criminal offence of trademark infringement requires the mark to be registered in Türkiye, and most marketplaces ask for a registration certificate with a complaint.
What does the Industrial Property Law say about unregistered marks?
Article 7(1) is clear: "Trademark protection under this Law is obtained through registration." The acts listed in Article 7(2), which the trademark owner can ask to prevent, are rights granted to the registered mark. The owner of an unregistered mark is protected through other articles:
| Route for the owner of an unregistered sign | Basis | What it provides |
|---|---|---|
| Opposition to a later application | Art. 6(3) | If rights in an unregistered mark or another sign used in trade were acquired before the application date, the application is refused on opposition |
| Opposition based on a well-known mark | Art. 6(4) | Applications identical or similar to marks well known within the meaning of the Paris Convention are refused on opposition for identical or similar goods and services |
| Opposition to a bad-faith application | Art. 6(9) | Applications made in bad faith are refused on opposition |
| Invalidation of a later registered mark | Art. 25(1) | If one of the grounds in Article 5 or 6 exists, the court invalidates the mark |
| Unfair competition action | Turkish Commercial Code, Arts. 54-56 | Measures causing confusion are unfair competition; a declaration, injunction, removal of effects and damages can be sought |
What these routes have in common is proof. A registered owner shows the registration certificate. The owner of an unregistered mark has to prove that it used the sign in trade before the application date and acquired a right through that use.
How does an opposition based on prior use work?
Article 6(3) gives the owner of an unregistered mark the right to oppose another's application for the same sign. Under Article 18, the opposition is made within two months of the application's publication in the Official Trademark Bulletin, and the grounds and fee are also submitted within that period. If the deadline is missed, this route closes.
The records generally used to show that a prior right was acquired include:
- dated invoices and sales records,
- packaging, catalogues and brochures bearing the sign,
- advertising and campaign records,
- dated views of the website and social media accounts,
- marketplace store and listing records,
- trade fair and press records.
It matters that these records show the duration, intensity and geography of the use. Whether a given use creates a right under Article 6(3) is assessed by the Office and the courts on the facts; consult your trademark attorney or lawyer for that assessment.
What can be done against a later registered mark?
If someone registered your mark before you and the opposition period has passed, under Article 25(1) invalidation can be sought from the court if one of the grounds in Article 5 or 6 exists. The prior right in Article 6(3) and bad faith in Article 6(9) are among these grounds.
Time matters on this route too. Under Article 25(6), a trademark owner who knew or should have known that the later mark was being used and remained silent for five consecutive years cannot rely on its mark as a ground for invalidation, unless the later registration was made in bad faith. Staying silent can therefore lead to a loss of rights.
Where do the unfair competition provisions come in?
Article 55(1)(a)(4) of Turkish Commercial Code No. 6102 lists taking measures that cause confusion with another's goods, products, activities or business among the forms of unfair competition. Under Article 56, a person who suffers or risks suffering damage can seek a declaration that the act is unlawful, an injunction, removal of its effects and, where there is fault, damages.
An unfair competition action is independent of trademark registration, but the burden of proving the likelihood of confusion and the damage still lies with the claimant. In commercial cases involving a claim for money, Article 5/A of the Commercial Code makes applying to a mediator before going to court a precondition. Your lawyer plans these steps.
Is the criminal route open for an unregistered mark?
No. Under Article 30(5), a sentence for trademark infringement offences requires the mark to be registered in Türkiye. We explain the criminal route against counterfeit sales in what is the penalty for selling counterfeit goods.
Why is registration decisive in marketplace and ad complaints?
Platform complaint procedures ask for documents to allow a quick review, and that document is often the registration certificate:
- Hepsiburada's application process page lists, as the first required document, the registration certificate issued by the Turkish Patent and Trademark Office (TÜRKPATENT) showing ownership of the right. Incomplete applications are not considered.
- Amazon's Brand Registry page says that to join the programme you need a pending or registered trademark issued by the official trademark office of a country with an Amazon store. A pending mark can also open this door.
- Under the Google Ads trademark policy, Google accepts complaints only for the countries and sectors in which the trademark owner proves its rights.
A marketplace complaint based on an unregistered mark is therefore often rejected. We collect the common reasons for rejection in why is a marketplace trademark complaint rejected?.
What does filing an application give you from today?
Under Article 7(4), trademark rights take effect against third parties from the publication of the registration. However, the applicant can bring a damages action for acts that took place after the application was published in the bulletin and that could have been prohibited had the registration been published; the court cannot decide before the registration is published. Under Article 23, protection lasts ten years from the application date and is renewed for ten-year periods.
Delaying the application therefore costs twice: the risk that someone else files first continues, and the possibility of damages for acts after bulletin publication starts later. We collect the periods in one table in trademark protection deadlines.
What can Authex do for an unregistered mark?
Authex scans marketplaces, social media, ads, domain names and app stores for your brand name, your product images and imitations of your official accounts. Registered or not, unauthorised use of your brand online is recorded with the source link, date and time of capture and screenshot. These records can go into your lawyer's file to document prior use and instances of confusion.
Authex also lists records at trademark offices that resemble your mark. When a similar application is seen, the decision to oppose and the opposition itself belong to your trademark attorney. Where a complaint is needed, an evidence file and a notice draft are prepared; the brand team or its lawyer decides whether to send it. The scope is on the trademark and patent monitoring page.
Frequently asked questions
Can I sue a competitor using my unregistered mark?
The unfair competition provisions (Commercial Code, Arts. 54-56) are independent of registration; use that causes confusion can be assessed under them. Your lawyer assesses the conditions of the action and the mediation requirement.
Someone registered my mark before me. What can I do?
If the application is still in the bulletin, an opposition based on Articles 6(3) and 6(9) can be filed within two months of publication. If it has been registered, an invalidation action under Article 25 comes into question.
Can I file a marketplace complaint with an unregistered mark?
Platforms such as Hepsiburada ask for a registration certificate with a complaint. Amazon's Brand Registry also accepts pending marks. Check the platform's current requirements before filing.
Is a seller of counterfeits punished if my mark is unregistered?
Under Article 30(5), a sentence for trademark infringement requires the mark to be registered in Türkiye.
This article is for general information and is not a legal opinion. Consult your trademark attorney or lawyer about your specific situation.
Sources
- Industrial Property Law No. 6769 (Articles 6, 7, 18, 23, 25, 30), in Turkish
- Turkish Commercial Code No. 6102 (Articles 5/A, 54-56), in Turkish
- Hepsiburada, application process for IP infringements, in Turkish
- Amazon Satış, Amazon Marka Kaydı (Brand Registry), in Turkish
- Google Ads Policy Help, Trademarks
