A Step-by-Step Legal Guide

1. What Is Trademark Infringement?

Trademark rights in Türkiye are protected under the Industrial Property Code No. 6769 (“IPC”). A registered trademark grants its owner the exclusive right to use the trademark and provides legal protection against unauthorized use by third parties.

Article 7 of the IPC defines the exclusive rights of the trademark owner and specifies the acts that may be prohibited. Accordingly, the trademark owner is entitled to prevent, in particular:

• the use of a sign identical to the registered trademark in relation to identical goods or services;
• the use of an identical or similar sign in relation to identical or similar goods or services where such use is likely to create a likelihood of confusion on the part of the relevant public, including the likelihood of association;
• the use of an identical or similar sign in relation to dissimilar goods or services where the registered trademark enjoys a reputation in Türkiye and such use would take unfair advantage of, or be detrimental to, the distinctive character or reputation of the trademark.

Article 29 of the IPC sets out the acts constituting trademark infringement. These include:

(a) Using the trademark, without the authorization of the trademark owner, in any of the forms prohibited under Article 7.

(b) Counterfeiting the trademark by using the registered trademark or an indistinguishably similar sign without the authorization of the trademark owner.

(c) Selling, distributing, placing on the market, importing, exporting, possessing for commercial purposes, or offering to enter into contracts concerning goods bearing an infringing trademark where the person knew or ought to have known that the trademark had been counterfeited.

(d) Extending the scope of rights granted under a trademark licence without authorization or transferring those rights to third parties without the trademark owner’s consent.

It should be noted that not every similar use constitutes trademark infringement. Whether infringement exists must be assessed on a case-by-case basis by considering factors such as the similarity of the trademarks, the similarity of the goods or services, the distinctiveness of the trademark, the perception of the relevant public and the likelihood of confusion.

For this reason, obtaining a legal assessment from a qualified trademark attorney or an intellectual property lawyer is strongly recommended before taking legal action.

2. What Should You Do If Your Trademark Has Been Copied?

If you believe that your trademark is being used without authorization or has been copied, the first step is to determine whether the relevant use legally constitutes trademark infringement.

Not every similar sign amounts to infringement. A proper legal assessment should consider:

• the visual, phonetic and conceptual similarity of the signs;
• whether the goods or services are identical or similar;
• the likelihood of confusion among the relevant consumers;
• the distinctive character of the trademark;
• the reputation of the trademark, where applicable;
• whether the use takes place in the course of trade.

Accordingly, it is advisable to seek legal advice from a trademark attorney or an intellectual property lawyer before initiating legal proceedings.

Once infringement has been identified, evidence should be collected without delay. The scope of the infringement, the products or services involved, the sales channels used and the duration of the infringing activities should all be documented as thoroughly as possible.

3. Collecting Evidence

Strong evidence is the foundation of a successful trademark enforcement strategy. Once an infringement has been identified, evidence should be preserved as quickly as possible.

Particularly in cases involving online infringement, it is advisable to:

• take dated screenshots of the infringing use;
• save all relevant URLs;
• archive product descriptions and advertisements;
• preserve social media posts and marketplace listings;
• purchase a sample of the infringing product whenever possible and retain the invoice;
• collect catalogues, brochures and promotional materials;
• where appropriate, obtain a notarized record of online evidence.

Properly preserved evidence will play a significant role in subsequent civil and criminal proceedings.

4. Preliminary Injunction

Trademark infringement often continues throughout the litigation process, potentially causing irreparable or difficult-to-compensate damage to the trademark owner. Continued sales of counterfeit products may seriously damage the reputation and distinctiveness of the trademark while causing significant financial losses.

For this reason, Article 159 of the Industrial Property Code specifically regulates preliminary injunctions in disputes concerning intellectual and industrial property rights.

A preliminary injunction is an interim legal remedy designed to provide immediate protection before the final judgment is rendered.

Depending on the circumstances of the case, the court may order:

• the immediate cessation of the infringing acts;
• suspension of the manufacture and sale of counterfeit goods;
• seizure and preservation of infringing products;
• suspension of import or export activities;
• removal of infringing advertisements;
• removal of infringing online content or blocking access where legally appropriate;
• preservation of evidence.

A request for a preliminary injunction may be filed before or together with the main action. However, where an injunction is granted prior to the commencement of legal proceedings, the claimant must file the principal action within the statutory period prescribed under the Turkish Code of Civil Procedure. Otherwise, the injunction will cease to have legal effect.

5. Action for Determination of Trademark Infringement

An action for determination seeks a judicial declaration confirming that the disputed acts constitute trademark infringement.

Such actions are particularly useful where the alleged infringer disputes liability or where the trademark owner intends to establish a legal basis for subsequent claims, including compensation.

A judgment determining infringement may also strengthen future claims for injunctive relief and damages.

6. Actions for Cessation and Prevention of Trademark Infringement

Where the infringement is ongoing, the trademark owner may request the court to order the cessation of the infringing acts and prevent their repetition.

The court may, among other remedies:

• order the cessation of the infringing use;
• prohibit future infringing activities;
• order the removal of infringing signs from products, packaging, catalogues and promotional materials;
• require the removal of infringing content from websites and digital platforms.

 

7. Claims for Material and Moral Damages

A trademark owner who has suffered damage as a result of infringement may seek compensation for both pecuniary and, where applicable, non-pecuniary losses.

Under the Industrial Property Code, pecuniary damages may be calculated on the basis of the actual loss suffered, the profits lost by the trademark owner or a reasonable royalty (hypothetical licence fee).

Where the infringement has damaged the trademark owner’s commercial reputation or goodwill, claims for moral damages may also be available, subject to the circumstances of the case.

8. Seizure, Transfer of Ownership and Destruction of Infringing Goods

Where trademark infringement has been established, the trademark owner may seek not only the cessation of the infringement and compensation for damages, but also certain corrective measures provided under Article 149 of the Industrial Property Code No. 6769.

Accordingly, the trademark owner may request the court to order:

• the seizure of goods manufactured or imported through trademark infringement;
• the seizure of machinery, equipment, moulds, tools or other means used in the production of the infringing goods;
• where appropriate, the transfer of ownership of the seized goods and production equipment to the trademark owner;
• the removal of the infringing trademark from the goods; or
• where removal of the trademark is not feasible or would substantially diminish the value of the goods, the destruction of the infringing goods.

In deciding these requests, the court will consider the specific circumstances of the case and the principle of proportionality. These remedies are intended not only to bring the infringement to an end, but also to prevent the infringing goods from re-entering the market and to ensure the effective protection of trademark rights.

9. Recall and Destruction of Infringing Goods

The trademark owner may request the court to order the withdrawal of infringing goods from the market.

Depending on the circumstances, the court may also order:

• recall of infringing goods;
• removal of the infringing trademark from the products;
• destruction of the goods where removal is not feasible;
• measures concerning moulds, machinery or other equipment used in the production of infringing goods.

10. Criminal Proceedings

Certain acts of trademark infringement may also give rise to criminal liability.

In particular, the manufacture, sale, importation, exportation or commercial possession of counterfeit goods may constitute criminal offences under Article 30 of the Industrial Property Code.

Civil litigation and criminal proceedings are independent of one another and may be pursued simultaneously.

11. Online Trademark Infringement

Today, trademark infringement frequently occurs through e-commerce platforms and social media.

Infringing activities may take place on:

• online marketplaces;
• social media platforms;
• independent e-commerce websites;
• mobile applications;
• online advertising channels.

Many online platforms provide intellectual property complaint procedures. Nevertheless, platform complaints do not replace judicial remedies and should be supported by an appropriate legal strategy where necessary.

12. Common Mistakes

The following mistakes are frequently encountered in practice:

• delaying legal action after discovering the infringement;
• contacting the infringer before preserving evidence;
• failing to save online content and social media posts;
• not purchasing a sample of the counterfeit product;
• taking legal steps without obtaining professional legal advice.

Prompt action and an appropriate legal strategy significantly increase the effectiveness of trademark enforcement.