How to Register a Trademark? Consequences of Trademark Infringement — 2026 Guide

How to Register a Trademark? Consequences of Trademark Infringement — 2026 Guide

A business's name, logo, or slogan becomes an asset that gains value over years of effort and investment. But protecting that value under the law depends not merely on using it in practice, but on registering it correctly. Businesses that do not register their trademark can find themselves in a far weaker position than expected when a third party uses the same or a similar sign. This guide examines, under Turkey's Industrial Property Law No. 6769 (SMK), why trademark registration matters, the registration process before TÜRKPATENT, the duration of protection, and the legal and criminal remedies available to a trademark owner in case of infringement.

Why Register a Trademark?

An unregistered sign can be protected to some extent under the unfair competition provisions of the Turkish Commercial Code (TTK Art. 54 et seq.); however, this protection is indirect and carries a heavy burden of proof — you must prove that you were the first user of the sign, that the sign acquired distinctiveness, and that the other party's conduct was contrary to good faith. By contrast, under SMK Art. 7, the owner of a registered trademark is granted an exclusive right to prevent third parties from using, without consent, an identical sign or one similar enough to create a likelihood of confusion. Registration proves the trademark's existence and ownership through the official register, which provides a significant advantage both at the warning/cease-and-desist stage and in litigation.

How Does the TÜRKPATENT Registration Process Work?

Trademark registration begins with an application to the Turkish Patent and Trademark Office (TÜRKPATENT). The application first undergoes a formal examination; the Office then conducts an ex officio examination of the sign for the absolute grounds for refusal listed in SMK Art. 5 — for example, signs devoid of any distinctive character or signs that directly describe the kind, type, or characteristics of the goods/services are refused at this stage. An application that passes this examination is published in the Trademark Bulletin. From the publication date, third parties have the right under SMK Art. 18 to oppose the application within 2 months. If no opposition is filed within that period, or if an opposition is rejected by the Office, the trademark is registered and a registration certificate is issued in the applicant's name.

Duration of Trademark Protection and Renewal

Under SMK Art. 23, the protection period of a registered trademark is 10 years, running not from the application date but from the registration date. This period may be renewed indefinitely, in successive ten-year periods, at the owner's request. The renewal request must be filed within the periods specified from the last day of the month in which the protection period ends; otherwise, protection over the trademark may lapse. Tracking renewal dates is therefore a critical part of managing a trademark portfolio.

What Constitutes Trademark Infringement?

Under SMK Art. 29, using, without the trademark owner's consent, a sign identical to the trademark or similar enough to create a likelihood of confusion, counterfeiting the trademark, or possessing, offering for sale, or otherwise commercially dealing with counterfeit goods, constitutes trademark infringement. The marks need not be identical for infringement to exist — it is sufficient that a likelihood of confusion or association arises in the mind of the average consumer.

What Legal and Criminal Remedies Are Available in Case of Infringement?

A trademark owner whose rights have been infringed may, under SMK Art. 149-150, bring actions for a declaration of infringement, for its prevention, and for the removal of its consequences, and may claim compensation for the material and moral damages suffered. The court may also order the seizure — and, where warranted, the destruction — of the infringing goods and of the equipment used to produce them. In addition, SMK Art. 30 criminalizes certain acts of trademark infringement, providing for imprisonment and judicial fines; however, prosecution of these offenses is contingent on a complaint, meaning the aggrieved trademark owner must file one.

What Should You Pay Attention to When Applying for and Protecting a Trademark?

• Before filing, a similarity search should be conducted in the TÜRKPATENT register and in the market.
• Whether the sign is descriptive or devoid of distinctive character under SMK Art. 5 should be assessed in advance.
• The trademark should be filed for all the goods and service classes in which the business operates.
• Third-party oppositions during publication and renewal dates should be monitored regularly.

Frequently Asked Questions

Can I use my trademark without registering it?

You can, but such use does not grant you the exclusive rights provided by the SMK. Unregistered use can only benefit from the protection of the TTK's unfair competition provisions, which is harder to prove.

How long does a TÜRKPATENT application take to be decided?

The timeline depends on the course of the formal examination, the examination for absolute grounds for refusal, the publication process, and any oppositions filed; applications that receive no opposition can generally be completed in a relatively shorter time.

Is trademark protection indefinite?

No. Under SMK Art. 23, protection lasts 10 years from the registration date, but it can be renewed indefinitely by the owner in successive ten-year periods.

Can I only claim compensation from someone infringing my trademark?

No. In addition to compensation, you may bring actions for the declaration, prevention, and removal of the infringement, and request the seizure of the infringing goods; a criminal process may also be initiated, contingent on a complaint, under SMK Art. 30.

Source: Industrial Property Law No. 6769 (SMK) Arts. 5, 7, 18, 23, 29, 30, 149-150; Turkish Commercial Code No. 6102 Art. 54 et seq.

This content has been prepared for general informational purposes and does not constitute legal advice. We recommend consulting a law firm to have your specific trademark registration or infringement situation evaluated.