A trademark is a sign that enables the goods and services of a company to be distinguished from those of other companies. Trademark law governs the registration, protection and effective enforcement of trademarks at both national and international levels. In the context of increasingly globalized commercial activities, an effective trademark strategy is essential to secure legal protection, preserve brand value and maintain distinctiveness in the marketplace.

Under the principle of territoriality, trademark rights acquired in one country are valid only within that country’s borders. Accordingly, in order to obtain enforceable trademark rights in other jurisdictions, the trademark owner must seek protection by filing national trademark applications before the relevant national offices in the countries where protection is desired.

Nevertheless, through international trademark applications filed with WIPO (World Intellectual Property Organization) and the multi-jurisdictional protection mechanisms available under the Madrid Protocol, trademark owners may obtain legal protection in multiple countries via a single filing. In addition, we coordinate regional trademark protection processes, including applications for the European Union Trade Mark (EUTM) filed before EUIPO (European Union Intellectual Property Office), as well as applications filed before ARIPO (African Regional Intellectual Property Organization) under the Banjul Protocol, valid in the African member states designated in the application, in accordance with the relevant laws and practices.

Our firm provides comprehensive legal services in trademark law, adopting a strategic, jurisdiction-specific and commercially oriented approach, enabling both local and international clients to protect and expand their brands in global markets.

Trademark Registration and Filing Processes

Our firm manages trademark registration and filing processes from the beginning till the end to ensure legal protection of trademarks in Turkey and abroad. Preparing applications, identifying the appropriate classes to be filed under the Nice Classification, developing a trademark filing strategy, and effectively monitoring the procedure constitute the core of our trademark services. In particular, selecting the correct classes is of critical importance to reduce the risk of a non-use cancellation action of trademarks at a later stage.

Key services include:

• Preparation, filing and prosecution of trademark applications before the Turkish Patent and Trademark Office (TÜRKPATENT)
• Trademark searches and registrability analysis to assess legal risks
• Management of opposition procedures relating to trademark applications and third-party oppositions
• Trademark renewals, extension of protection term, and ensuring portfolio continuity
• Updating trademark register records (assignments, licenses, changes of name/title and address)
• Conducting non-use cancellation actions

In trademark registration and filing processes, we offer solutions ensuring legal certainty, cost-efficiency and long-term protection, taking into account TÜRKPATENT practice, current legislation and relevant case law.

International Trademark Registration and WIPO Procedures

Within the scope of international trademark registration, foreign filings and WIPO procedures, we provide comprehensive legal advice to clients with the objective of protecting their brands effectively in Turkey and global markets. In this context, we professionally manage both foreign clients operating in Turkey or intending to enter the Turkish market, and Turkish clients pursuing trademark protection abroad.

We provide the preparation, coordination and follow-up of international trademark applications filed with WIPO under the Madrid Protocol, with due regard to current legislation and practice.

Key services include:

• Filing and prosecution of international trademark applications before WIPO
• Multi-country trademark registration under the Madrid System and determination of international trademark strategy
• Management of Turkey designations and extensions of international applications
• Legal advice on registration and protection of foreign trademarks in Turkey
• Protection of Turkish trademarks abroad, foreign filings and international portfolio management
• Filing national applications via local trademark firms with which we cooperate worldwide
• Follow-up of all disputes and litigation, including international oppositions, invalidity actions and infringement actions
• Handling procedures relating to ex officio provisional refusal issued by the TÜRKPATENT in WIPO-based applications designating Turkey, and preparing responses to third-party oppositions

Trademark Litigation, Cross-Border Disputes and Dispute Resolution

Trademark disputes often acquire an international dimension, particularly where a trademark is registered or used in multiple countries and therefore require a multi-layered legal assessment. Accordingly, our firm provides comprehensive representation and legal advice not only in trademark litigation in Turkey, but also in international trademark disputes.

Our clients include domestic and foreign trademark owners, multinational companies and foreign investors entering the Turkish market. Disputes are addressed strategically before national courts, within WIPO procedures, and before foreign judicial authorities.

Key services include:

Trademark Litigation in Türkiye

• Trademark infringement actions: unauthorized use, counterfeiting
• Trademark invalidity actions (e.g., lack of distinctiveness, bad faith)
• Unfair competition actions and commercial disputes connected with trademark rights
• Claims for pecuniary and non-pecuniary damages arising from infringement
• Preliminary injunctions, evidence preservation, seizure and destruction of goods
• Administrative and judicial actions to combat counterfeit goods at customs
• Drafting cease-and-desist letters, conducting negotiations, and managing alternative dispute resolution mechanisms

International Trademark Litigation and Cross-Border Disputes

• Legal assessment of international infringements and multi-jurisdictional trademark violations
• Coordination of disputes relating to international trademarks under the Madrid System
• Representation and follow-up in infringement, invalidity and cancellation actions filed abroad through cooperating local law firms
• Representation of foreign trademark owners in proceedings conducted in Turkey
• Legal assistance regarding recognition and enforcement of foreign court judgments in Turkey in trademark-related matters
• Contractual disputes based on trademark rights in international trade (license, assignment, distribution relationships)

In trademark litigation and international trademark disputes, we evaluate together the Turkish Industrial Property Code No. 6769, the Paris Convention, the Madrid Protocol, the TRIPS Agreement, the Turkish Commercial Code, and the relevant foreign laws, and develop a coordinated, jurisdiction-specific litigation strategy depending on the nature of the dispute.

As an alternative to litigation, particularly in international disputes, settlement, negotiation and amicable resolution mechanisms are considered, with priority given to solutions that minimize time, cost and reputational loss.

Trademark Assignment and License Agreements

The assignment and licensing of trademarks at national and international levels is strategically important for protecting the commercial value of the brand, positioning it appropriately in global markets, and managing legal risks. Our firm provides comprehensive legal advice and representation both in trademark assignment and licensing transactions in Turkey and in international trademark licensing and assignment matters.

Key Services at National and International Levels

• Drafting, negotiating and structuring trademark assignment agreements
• Drafting national and international trademark license agreements (exclusive, non-exclusive, sub-license)
• Regulation of trademark use within international franchise, master franchise and know-how agreements
• Coordination of licensing and assignment transactions relating to multi-country trademark portfolios
• Recording assignments and licenses of international trademarks under the Madrid System before WIPO and the relevant national offices
• Aligning international assignment and license agreements with local jurisdictions, and follow-up through cooperating foreign law firms
• Detailed regulation of territorial scope, term, royalties, quality control, audit and termination provisions in trademark use agreements
• Dispute resolution in international agreements, determining governing law and jurisdiction/arbitration clauses

In international trademark licensing and assignment transactions, we develop legally and commercially secure contractual models by addressing risks such as weakening of trademark rights, preservation of distinctiveness, mitigation of non-use revocation risks, and the tax dimension.

Strategic Trademark Advisory

All trademark-law matters addressed above are handled through a holistic strategic trademark advisory approach aimed at ensuring legal security, protecting competitive advantage, and enabling sustainable growth in international markets. In this context, our firm provides integrated and results-oriented legal support to domestic and foreign clients in trademark law, international trademark registration, WIPO and Madrid System procedures, trademark litigation, trademark licensing and assignment transactions and the development of jurisdiction-specific trademark strategies. We are pleased to develop long-term, risk-aware trademark solutions aligned with our clients’ commercial objectives.