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With a population of over 85 million, Turkey serves as a hub connecting Europe, the Middle East, and Central Asia. It is a major player in the trademark arena, ranking sixth globally and first in Europe in terms of the number of trademark applications filed by domestic applicants.For Japanese companies, Turkey serves as both a manufacturing hub and a sales market, but it is also a country that requires caution as a transit point for counterfeit goods; therefore, securing trademarks early and preparing to enforce rights are essential.In terms of the legal framework, the country transitioned to an EU-style system with the Industrial Property Code (IP Code) enacted in 2017. Furthermore, starting in January 2024, administrative procedures such as cancellation for non-use can be conducted through the Turkish Patent and Trademark Office (TÜRKPATENT), and in March 2025, implementing regulations andand in January 2026, fees will be revised—making this a rapidly evolving legal framework.
In this article, using TÜRKPATENT’s official fee schedule (revised in January 2026), 2025 statistics, the March 2025 regulatory amendments, and the latest case law as primary sources, a patent attorney will provide a practical overview—from filing to registration, opposition, administrative revocation,enforcement of rights, and utilization of the Madrid Protocol—from a practical, patent attorney’s perspective.
Key Points of This Article
- The governing law is the Industrial Property Law (IP Code No. 6769, effective January 2017). Foreign applicants must conduct proceedings through a Turkish trademark agent
- In addition to absolute grounds for refusal, TÜRKPATENT will reject applications ex officio if there are prior trademarks that are identical or so similar as to be indistinguishable. The likelihood of confusion (similarity) can only be contested through an opposition proceeding. A notarized letter of consent can be used to avoid refusal
- The filing fee is TRY 2,820 per class, and the registration fee is TRY 7,010 (revised as of January 2026). The opposition period is two months after publication, and the opposition fee is TRY 1,150
- Effective January 10, 2024, cancellations based on non-use or genericization will be possible through TÜRKPATENT’s administrative procedures. The total cost, including the request fee and deposit, is TRY 70,640
- The grace period for cancellation due to non-use is five years from the date of registration. The “defense of non-use” may also be invoked in opposition and infringement litigation.
- Infringement is addressed through civil proceedings (injunctions and damages; damages require prior mediation), criminal proceedings (up to 4 years’ imprisonment), and customs seizures. A 2025 Supreme Court of Appeals ruling clarified the criteria for determining bad-faith applications
Table of Contents
- Overview and Legal Framework of the Turkish Trademark System
- Scope of Protection and Grounds for Rejection: Identical trademarks are rejected ex officio; similar trademarks are subject to opposition
- Process and Timelines from Application to Registration
- List of Fees (Revised January 1, 2026)
- Opposition Proceedings: 2 Months After Publication, Defense of Non-Use, and Reexamination Division
- TÜRKPATENT Administrative Cancellation and Judicial Invalidation, Effective in 2024
- Obligation to Use, Renewal, and License Registration
- Enforcement of Rights: Civil, Criminal, and Customs Proceedings, and Recent Case Law
- Distinguishing Between Madrid Protocol Designations and Direct Applications
- Comparison with the Japanese Trademark System
- Practical Points Japanese Companies Should Keep in Mind When Filing Applications in Turkey
- Frequently Asked Questions (FAQ)
1. Overview and Legal Framework of the Turkish Trademark System
LEGAL FRAMEWORK
Industrial Property Law (IP Code No. 6769, effective January 10, 2017) + Implementing Regulations (amended March 15, 2025) + TÜRKPATENT Examination Guidelines. System designed in accordance with the EU Trademark Directive
Trademarks in Turkey, along with patents, industrial designs, and geographical indications, are governed by the Industrial Property Law (Sınai Mülkiyet Kanunu, Law No. 6769).With its entry into force on January 10, 2017, the system transitioned from the previous decree-based framework to a modern system aligned with the EU Trademark Directive, introducing measures such as the reduction of the opposition period from three months to two months, the defense of non-use, administrative revocation, and a consent system.The Turkish Patent and Trademark Office (TÜRKPATENT, Ankara) is the competent authority.
Since Turkey is not a member of the European Union, the European Union Trademark (EUTM) has no effect there. Turkey has been a party to the Madrid Protocol since 1999; from Japan, applicants can either designate Turkey in a Madrid Protocol international trademark application or file directly with TÜRKPATENT through a local trademark agent.
According to a TÜRKPATENT announcement, in 2025, there were 164,657 trademark applications filed by domestic applicants and 113,722 trademark registrations; the total number of industrial property applications reached a record high of 220,757.According to WIPO statistics, Turkey ranks sixth globally (behind China, Russia, India, the United States, and Brazil) and first in Europe in terms of the number of trademark applications filed by domestic applicants. Consequently, the trademark register is extremely crowded, and it is not uncommon for trademarks that Japanese companies wish to use to already be registered, or for Japanese brands to face prior applications.
Requirements for Foreign Applicants
Applicants without an address in Turkey must conduct proceedings through a trademark agent registered with TÜRKPATENT. Although a power of attorney does not need to be submitted at the time of filing, the agent must retain a signed power of attorney and submit it upon request by the Office.The language of the proceedings is Turkish, and a certificate of priority must be submitted within three months of filing. Multi-class applications are permitted, and electronic filing is the standard.
2. Scope of Protection and Grounds for Refusal: Identical Trademarks Are Refused Ex Officio; Similar Ones Are Subject to Opposition
Any sign—including words, designs, three-dimensional shapes, colors, and sounds—that is capable of distinguishing goods or services and can be clearly identified in the register may be registered as a trademark. The 2017 Act relaxed the requirements for graphic representations, making it easier to file applications for non-traditional trademarks.
Absolute grounds for refusal examined ex officio by TÜRKPATENT (Article 5 of the IP Code)
- Lack of distinctiveness; descriptive indications; generic terms; violation of public order and morals; and misrepresentation of quality or origin
- Where an identical or indistinguishably similar prior trademark exists for the same or similar goods or services (Article 5, Paragraph 1, Subparagraph (ç)). This is a provision unique to Turkey, under which some of Japan’s relative grounds for refusal are examined ex officio as absolute grounds for refusal
- Signs including national flags, coats of arms, religious symbols, and registered geographical indications
On the other hand, cases where a trademark is merely similar to a prior trademark and there is a risk of confusion (Article 6, Paragraph 1), as well as conflicts with well-known trademarks or applications filed in bad faith (Article 6, Paragraph 9), are not examined ex officio; a determination is made only after an opposition is filed.In other words, it is a system where “the Office will block trademarks that are identical, but those that are merely similar will be registered unless the rights holder files an opposition.”
Avoiding Ex Officio Rejection with a Letter of Consent: Under Article 5, Paragraph 3 of the IP Code, registration is permitted even for identical or similar trademarks if the owner of the prior trademark submits a notarized letter of consent. Letters of consent prepared by foreign companies require an apostille (consular certification) in addition to notarization.This is a powerful tool for use among group companies or where coexistence agreements are in place, and it is based on the same concept as the “consent system” to be introduced in Japan in 2024.
3. Process and Timeline from Application to Registration
PROCEDURE
Application → Formal Examination → Substantive Examination (2–5 months) → Two-month publication in the Trademark Gazette → Payment of registration fee (within 2 months of notification) → Registration. 8–12 months if all goes smoothly
- Application and Formal Examination: After filing an electronic application, the documents, fees, and classifications are checked. If there are any deficiencies, they are typically corrected within 2 months.
- Substantive Examination: The examiner reviews for absolute grounds for refusal (including identical prior trademarks) and issues a notice if grounds for refusal are found. The applicant may submit a statement of grounds within 2 months from the date of the notice. If the application is refused for only some goods, the process proceeds to publication for the remaining scope. The formal and substantive examination typically takes 2–5 months.
- Publication: The application is published in the Official Trademark Bulletin for 2 months, during which time oppositions may be filed.
- Payment of Registration Fee and Registration: If no oppositions are filed, the applicant will receive a notice to pay the registration fee (TRY 7,010). Payment must be made within two months of the notice; upon payment, the trademark is registered and a certificate of registration is issued. Failure to pay by the deadline will result in the application not being registered.
- Estimated Timeframe: If there are no grounds for refusal and no oppositions, the process from filing to registration generally takes 8 to 12 months. If there are oppositions or appeals, the process may take 1 to 2 years or more.
4. List of Fees (Revised January 1, 2026)
TÜRKPATENT’s official fees are revised annually; the revision effective January 1, 2026, resulted in an increase of approximately 20–25% compared to the previous year.Fees are denominated in Turkish lira (TRY), and since they are significantly affected by inflation and exchange rate fluctuations, the equivalent amount in yen must be confirmed at the time of filing (as of September 2026, 1 TRY ≈ approximately 3.5 yen).
| Item | Office Fees (TRY) | Remarks |
|---|---|---|
| Application (1 Class) | 2,820 | 2,820 for the second class; 3,150 per class for the third class and beyond |
| Registration Fee | 7,010 | Within 2 months of receiving the registration fee payment notice |
| Claim of Priority | 3,420 | — |
| Filing an Opposition | 1,150 | Within 2 months after publication |
| Renewal (up to 2 classes) | 8,730 | 750 per category for the third and subsequent categories |
| Renewal within the grace period (up to 2 categories) | 15,420 | 1,310 per category for the third and subsequent categories |
| Request for Administrative Revocation | 35,320 + deposit of 35,320 | Total: 70,640. The deposit is refunded if the petition is granted in full; if it is dismissed in full, it is paid to the trademark owner. |
| Split | 4,190 | — |
| Registration of Transfer / Registration of License | 5,960 / 9,870 | Contracts must be notarized and authenticated |
Local agent fees will be added to this amount. When designating Turkey under the Madrid Protocol, the individual TÜRKPATENT fees are paid in a lump sum to WIPO, and no domestic registration fees are required. The amount can be confirmed using WIPO’s fee calculator.
Utilizing Grants: Trademark application fees for small and medium-sized enterprises (SMEs) in Turkey are eligible for the INPIT Foreign Application Grant (covering half of the costs, up to 600,000 yen per trademark application; 300,000 yen for applications to prevent infringement).
5. Opposition: 2 months after publication; defense of non-use; Reexamination Division
- Time Limit and Fees: Within two months of publication in the Trademark Gazette; fee: TRY 1,150. If filed through an agent, the application will be rejected as procedurally defective unless a power of attorney is attached.
- Grounds: In addition to absolute and relative grounds for refusal (likelihood of confusion, well-known trademarks, prior use), applications filed in bad faith (Article 6, Paragraph 9) may also be asserted
- Petitioner: Interested parties. Relative grounds may be raised by prior rights holders; absolute grounds may be raised by competitors, among others
- Response: The applicant must submit a response within approximately one month of receiving the notice of opposition. In cases where the Madrid Protocol is designated, the opposition is received as a provisional rejection notice via WIPO, so care must be taken not to overlook it.
- Defense of Non-Use: If five years have elapsed since the registration of the trademark cited in the opposition, the applicant may be required to submit evidence of use. If the applicant cannot provide such evidence, the opposition will be dismissed (or limited to the extent that evidence is provided).
- Decision and Appeals: It takes approximately 6 to 8 months to reach a decision. If you wish to appeal, you must file a request with the Reexamination and Appeals Board (YİDD) within TÜRKPATENT within two months of receiving the decision notice. If you are dissatisfied with that decision, you must file an action for annulment with the Ankara Intellectual Property Court within a further two months.
Monitoring is Essential: The Office will not block similar trademarks. In Turkey, where over 160,000 applications are filed annually, it is necessary to subscribe to a trademark gazette monitoring service and establish a system capable of taking action within the two-month opposition period. Once this period expires, the only recourse is to file an invalidation lawsuit in court (relative grounds must be raised within five years of registration).
6. TÜRKPATENT Administrative Cancellation and Court Invalidity Proceedings Starting in 2024
Administrative Cancellation: Effective January 10, 2024
Although Article 26 of the IP Code granted TÜRKPATENT the authority to cancel registrations, following a seven-year transitional period, the actual cancellation procedures at the office began on January 10, 2024.The procedures were specified in the amendment to the Implementing Regulations dated March 15, 2025 (Official Gazette No. 32842, Article 30/A).
- Grounds for cancellation: (1) Non-use within five years of registration, or continuous non-use for five years; (2) Becoming a generic term; (3) Causing confusion regarding the nature, quality, or origin of the goods; (4) Violation of the regulations governing collective marks or certification marks
- Petitioner: Interested party (a person with a legal interest). Specify the registration number, grounds, and goods subject to cancellation via electronic application
- Fees: In addition to the petition fee of TRY 35,320, a security deposit of the same amount is required starting in March 2025 (total: TRY 70,640). The security deposit is refunded if the petition is granted in full; paid to the trademark owner if the petition is dismissed in full; and becomes revenue for the Office if the petition is granted in part
- Trademark Owner’s Response: Submit evidence of use or valid grounds within one month of notification (one one-month extension is permitted). Last-minute use within three months prior to the cancellation request will not be considered
- Effect: In principle, the trademark is canceled prospectively from the date of the request. If the grounds for cancellation arose prior to that date, the cancellation may be made retroactive upon request.
- Appeals: File with the Reexamination Division within two months, followed by an appeal to the Ankara Intellectual Property Court within two months.
Invalidity: Under the jurisdiction of the courts
If grounds for refusal existed at the time of registration, the invalidity claim is contested through litigation before the Intellectual Property Court. Invalidity claims based on relative grounds are limited to within 5 years of registration, but there is no time limit for claims based on registration in bad faith.Furthermore, if the prior rights holder is aware of the use of the later trademark and allows it to continue for five years, this is deemed tacit acquiescence, and the prior rights holder can no longer seek invalidation or an injunction (forfeiture due to tacit acquiescence). The effect of invalidation is retroactive to the date of registration.
7. Obligation to Use, Renewal, and License Registration
Obligation to Use: 5 Years from Registration
Although an affidavit of use or evidence of use is not required for applications, registrations, or renewals, the registration is subject to cancellation if genuine use within Turkey is not commenced within five years of registration.Use by a licensed licensee is deemed to be use by the trademark owner, and use on goods intended solely for export, as well as modified use that does not alter the distinctive character of the mark, is permitted. In infringement litigation, if five years have passed since the registration of the plaintiff’s trademark, the defendant may raise a defense of non-use; therefore, it is essential to prepare evidence of use before enforcing the rights.Now that administrative revocation has become easier, a defensive strategy of refiling major trademarks every five years to renew the term of protection is also being considered in practice. The obligation to use a trademark after registration is summarized in a global comparison.
Term of Validity and Renewal
The term of validity is 10 years from the filing date (which differs from Japan’s system based on the registration date), and the trademark can be renewed any number of times every 10 years.Renewal applications may be filed starting six months before the expiration date, and renewal is possible within a six-month grace period following expiration for an additional fee (TRY 15,420 for up to two classes). Once the grace period expires, the registration lapses and cannot be reinstated.
License Registration
A license agreement is valid between the parties even without registration; however, registration with TÜRKPATENT (TRY 9,870) is required to enforce the agreement against third parties.The license agreement must be notarized, and agreements concluded abroad also require an apostille. Unless otherwise specified in the agreement, the license is deemed non-exclusive; as a general rule, an exclusive licensee may file an infringement lawsuit on their own behalf.
8. Enforcement of Rights: Civil, Criminal, and Customs Proceedings, and Recent Case Law
| Measures | Details | Practical Notes |
|---|---|---|
| Civil Litigation | Injunction, destruction, damages, and public notification of judgments at Intellectual Property Courts (Ankara, Istanbul, Izmir, etc.) | Claims for damages have been subject to mandatory mediation since 2019. The main suit must be filed within two weeks of the issuance of a preliminary injunction. The statute of limitations is two years from the date of becoming aware of the infringement or 10 years from the date of the infringing act |
| Criminal Complaints | Prosecutorial investigations, searches, and seizures; penalties of up to four years’ imprisonment or a fine; confiscation or destruction of seized items | Settlement proceedings take precedence. Claims for damages are pursued separately in civil court |
| Customs Detention | Customs clearance of suspect goods is suspended upon trademark registration (recordation) with customs | As a logistics hub connecting Europe and the Middle East, registration is recommended for major brands |
Recent court rulings affecting practice
- Judgment of the 11th Civil Division of the Supreme Court of Appeal, March 18, 2025 (2024/3844 E., 2025/1879 K.):The court upheld the appellate court’s ruling that the application for “Stayer+”—which is confusingly similar to the well-known trademark “Stayer”—constituted a malicious filing. The ruling confirmed that, in determining malicious intent, the applicant’s purpose at the time of filing and their conduct (whether they were in a position to know of the prior trademark and whether they intended to free-ride on its reputation) are key factors.This serves as a guideline for countering preemptive trademark applications targeting Japanese brands.
- Constitutional Court Decisions 2024–2025: The Court confirmed that even if a trademark is registered, this does not constitute a defense against infringement claims based on prior rights. Both rights holders and alleged infringers should bear in mind that a registration alone does not guarantee protection.
- Establishment of Administrative Cancellation: Since its launch in 2024, the process of clearing unused trademarks has become less costly than litigation, and a deposit system was added with the 2025 rule amendment. The system is designed to curb abusive claims while making it easier for legitimate claims to proceed.
9. Choosing Between Madrid Protocol Designations and Direct Applications
| Perspective | Madrid Protocol Designation | Direct Filing |
|---|---|---|
| Suitable Cases | When filing simultaneously in multiple countries, such as the EU and the Middle East | When applying only to Turkey, where a letter of consent or adjustments to the designated goods are required |
| Examination | Same standards as for domestic applications. TÜRKPATENT issues a provisional rejection within 18 months of the notification of designation | Registration within 8 to 12 months |
| Notice of Opposition | Not sent directly to the applicant; notified as a provisional rejection via WIPO. High risk of being overlooked | Notification sent directly to the agent |
| Local agent | Required when responding to provisional rejections or oppositions | Required from the time of filing |
| Fees | Lump-sum payment of individual fees to WIPO (no domestic registration fees required) | Application fee + registration fee + attorney’s fees |
| Central Attack | Linked to the Japanese base trademark for 5 years. If the base trademark expires, the application may be converted to a domestic application within 3 months | None |
For trademarks using non-Latin characters, such as Japanese, including a Romanized transcription and an English translation at the time of international application facilitates the examination process at TÜRKPATENT. Since Japanese similarity group codes are not applicable to designated goods, providing a clear description of the goods will help avoid requests for amendments.
10. Comparison with the Japanese Trademark System
| Item | Turkey (TÜRKPATENT) | Japan (Japan Patent Office) |
|---|---|---|
| Ex Officio Examination of Prior Trademarks | Only for identical or indistinguishably similar marks. Risk of confusion is addressed through opposition proceedings | Ex officio examination for similarity and potential likelihood of confusion |
| Letter of Consent | Registration is permitted with a notarized consent form (Article 5, Paragraph 3) | Consent System Effective in 2024 |
| Filing an Objection | Within 2 months after publication, prior to registration, TRY 1,150 | Two months after publication in the Official Gazette; after registration |
| Cancellation for Non-Use | 5 years—TÜRKPATENT administrative proceedings (2024–) | 3 years—Trial |
| Term of Protection | 10 years from the filing date | 10 years from the registration date |
| Number of Applications (2025, Domestic Applicants) | Approx. 165,000 (6th in the world) | Approximately 130,000 |
| Criminal penalties | Up to 4 years’ imprisonment | Imprisonment for up to 10 years |
11. Practical Points Japanese Companies Should Keep in Mind When Filing Applications in Turkey
- Prevent trademark infringement through early filing: Turkey is a first-to-file country with over 160,000 applications filed annually. File before entering the market, and if necessary, utilize subsidies for preventive trademark applications.
- Distinguish Between “Identical” and “Similar” in Pre-Filing Searches: Since identical trademarks are rejected ex officio, determine whether a consent agreement is feasible; for similar trademarks, assess the risk of opposition.
- Monitoring the Official Gazette and the 2-Month Opposition Period: The Office does not block similar trademarks. If the Madrid Protocol is designated, oppositions are received via WIPO, so entrust monitoring to a local agent.
- Use and Documentation Within 5 Years of Registration: Now that administrative cancellation proceedings have become more cost-effective, trademarks that are not in use are targeted. A licensee’s use also constitutes evidence.
- Licenses and assignments must be registered with a notary and an apostille: Without registration, the rights cannot be enforced against third parties.
- Act with awareness of the requirement for prior mediation and the statute of limitations regarding infringement: Claims for damages must go through mediation. File a lawsuit within two years of becoming aware of the infringement. Use customs registration for border enforcement.
- Retain evidence to prove bad faith: As per the 2025 Supreme Court of Cassation ruling, the circumstances under which the opposing party could have become aware of your brand (transaction history, trade shows, media coverage) are decisive.
Frequently Asked Questions (FAQ)
Q1. If I have a trademark registered in the EU, am I protected in Turkey as well?
No, you are not protected. Since Turkey is not an EU member, the EUTM does not apply there. You must either designate Turkey under the Madrid System or file an application directly with TÜRKPATENT through a local agent.
Q2. How long does it take to register?
Assuming there are no grounds for refusal or oppositions, the process typically takes 8 to 12 months from filing to registration. Examination takes 2 to 5 months, publication takes 2 months, and payment of the registration fee takes up to 2 months. If there are oppositions or appeals, the process may take 1 to 2 years or longer.
Q3. How much does it cost?
In 2026, official fees amount to TRY 2,820 for the application (per class) and TRY 7,010 for the registration fee, totaling approximately TRY 9,830 (about 35,000 yen) for one class. Local agent fees are added to this amount.Small and medium-sized enterprises (SMEs) may be eligible for a subsidy covering half of the costs through the INPIT Foreign Application Subsidy Program.
Q4. My application was rejected because there was a prior registration that closely resembles my company’s trademark.
You can still register your trademark by obtaining and submitting a notarized letter of consent from the owner of the prior trademark (an apostille is also required for consent letters from foreign companies). If the prior trademark has not been used for at least five years since its registration, you can also remove this obstacle by filing for administrative cancellation with TÜRKPATENT (TRY 70,640).
Q5. My Japanese brand was registered in Turkey before I could.
If the trademark is still in the publication stage, file an opposition within two months on the grounds of bad faith (Article 6, Paragraph 9) and well-known status. After registration, you can file a petition in court to invalidate the registration on the grounds of bad faith; there is no time limit for such a petition. Evidence demonstrating the circumstances under which the opposing party could have become aware of your brand (such as transaction records, trade shows, or media coverage) will be decisive.
Q6. Counterfeit goods are being distributed via Turkey.
Register the trademark with customs to have the goods seized at the border, and in severe cases, file a criminal complaint to request a search and seizure. If seeking damages, file a civil lawsuit after going through mediation.
Summary
Turkey’s trademark system combines an EU-style framework with unique Turkish practices such as “ex officio rejection of identical trademarks,” “consent letters,” “two-month opposition periods,” and “administrative revocation.”In an environment where Turkey has the highest number of trademark applications in Europe, basic strategies—such as early filing, monitoring of published applications, and use within five years—have an even greater impact on the value of a trademark than they do in Japan. With administrative revocation set to begin in 2024 and fees revised in 2026, we recommend conducting a review of existing registrations and organizing evidence of use simultaneously.
Trademark systems in various countries, including Turkey, are organized by region in our Global Trademark Systems Guide. For adjacent markets in the Middle East, please also see our articles on Saudi Arabia and Egypt.
Please consult a patent attorney regarding trademark applications in Turkey and the Middle East
From choosing between Madrid Protocol designations and direct filings, to handling consent forms and countermeasures against trademark infringement, collaborating with local agents, and applying for INPIT foreign application subsidies, the intellectual property firm EVORIX provides comprehensive support throughout the entire process. The initial consultation is free.
*This article is based on the official fee schedule of the Turkish Patent and Trademark Office (TÜRKPATENT) (revised January 1, 2026) and the release of 2025 statistics,the Industrial Property Law (Law No. 6769) and its Implementing Regulations (amended March 15, 2025; Official Gazette No. 32842), as well as analyses by law firms such as Gün + Partners, Aksoy IP, and Kırcı, and by Managing IP andLexology on administrative revocation, bad-faith applications, and case law (Judgment of the 11th Civil Division of the Court of Cassation dated March 18, 2025), as well as WIPO statistics. It is intended to provide general information based on data current as of September 2026.Fees and procedures are subject to change. We recommend consulting with a professional for specific decisions regarding individual cases.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
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