A trademark application is one of the most fundamental tools for a business to distinguish its goods or services from those of competitors, marking the initial and crucial step in securing legal protection for the trademark. According to the Industrial Property Law No. 6769, the moment of application is considered the inception of trademark rights, granting the applicant priority and ownership rights over the mark from that date forward. Therefore, commencing commercial use of a trademark before filing an application can expose the business to the risk of third parties registering the mark. In such cases, even the true owner may be unable to assert rights over the mark. Accordingly, filing the application before use is essential to prevent potential loss of rights and to obtain legal protection. Through application, a trademark not only becomes uniquely associated with a particular business but also acquires economic value, enabling licensing, assignment, or use as collateral.
Pursuant to Article 4 of Law No. 6769, a trademark may consist of any signs capable of distinguishing the goods or services of one enterprise from those of others and can be represented in the register clearly and precisely to define the scope of protection granted. Trademark protection confers upon the owner the exclusive right to use the mark for a period of 10 years. This 10-year term is renewable every 10 years indefinitely, as long as the trademark right is maintained.
According to the first paragraph of Article 4, signs eligible for trademark registration include, but are not limited to:
Thus, legally protectable trademarks are those distinctive signs that can be clearly and precisely represented in the trademark register. The key requirements are that the sign possesses distinctiveness and can be adequately represented for registration. When these conditions are met, the trademark owner is granted exclusive rights, enabling legal protection of the mark.
According to Article 5 of Law No. 6769, certain signs are ineligible for trademark registration. These absolute grounds for refusal are examined ex officio by the Turkish Patent and Trademark Office.
To qualify for registration, a sign must meet the requirements under Article 4, meaning it must be distinctive and capable of clear and precise representation in the register. Signs failing these criteria are not entitled to trademark protection.
Signs lacking distinctiveness fall into this category. Likewise, signs commonly used in trade that merely describe the type, quality, quantity, purpose, value, geographical origin, or production time of goods or services cannot be registered. Such descriptive signs are free for all to use and cannot be exclusively owned by any individual.
General terms used broadly in commerce to describe professions or trade groups are also excluded from registration. Similarly, shapes arising solely from the nature of the product, technical results, or elements that confer the essential value of a product cannot be subject to exclusive trademark rights.
Signs that may mislead the public regarding the nature, quality, or geographical origin of goods or services constitute another ground for refusal. Additionally, signs contrary to public order or morality, including those containing religious symbols or values, as well as public emblems, badges, medals, or similar symbols used without official authorization, cannot be registered as trademarks.
Signs containing or consisting of marks protected under Article 2, paragraph 6 bis of the Paris Convention or registered geographical indications are also excluded from registration.
However, the Law provides exceptions to some of these absolute grounds. For instance, a sign otherwise ineligible due to lack of distinctiveness or descriptiveness may be registrable if it has acquired distinctiveness through use prior to the filing date.
Moreover, if the applied-for sign is identical or similar to a previously registered or applied-for trademark, the registration cannot be refused on grounds of similarity if the prior trademark owner consents explicitly in a notarized document.
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According to Article 6 of the Industrial Property Law No. 6769, the situations that justify opposition to the registration of a trademark are referred to as relative grounds for refusal. These grounds are assessed following the publication of the relevant trademark application in the Official Trademark Bulletin, based on oppositions submitted by rights holders. The evaluation of relative grounds for refusal can be decisive in determining whether the application will be registered or refused.
Pursuant to the first paragraph of Article 6, if the trademark applied for is identical or confusingly similar to a previously registered or applied-for trademark, and the goods or services covered by both are identical or similar, and if there is a likelihood of confusion among the public including the possibility of association, the new application shall be refused upon opposition by the prior rights holder.
The second paragraph stipulates that if a trademark identical or confusingly similar to the applied-for mark has been filed without the consent of the trademark owner by the owner’s commercial agent or representative, the application shall be refused upon the owner’s opposition.
The third paragraph provides that if, prior to the application date or priority date (if any), an unregistered trademark or a sign used in trade has acquired rights through use, the application shall be refused upon opposition by the relevant rights holder.
According to the fourth paragraph, applications for trademarks identical or similar to well-known marks covered by Article 6 bis(1) of the Paris Convention, and which cover identical or similar goods or services, shall be refused upon opposition by the owner of the well-known mark.
The fifth paragraph regulates situations where the new application results in unfair advantage, detriment to the reputation, or dilution of the distinctive character of a registered or previously applied trademark which has achieved well-known status in Turkey. In such cases, the application shall be refused upon opposition by the prior rights holder. This provision applies regardless of whether the new application covers identical or different goods or services.
The sixth paragraph states that applications containing names, trade names, photographs, copyrights, or any intellectual property rights belonging to others shall be refused upon opposition by the relevant rights holder.
The seventh and eighth paragraphs relate to applications for trademarks identical or similar to collective marks, guarantee marks, and registered trademarks whose protection has expired. Applications filed within three years after the expiration of the protection of collective or guarantee marks, or within two years after the expiration of the protection of registered trademarks, shall be refused upon opposition by the prior rights holder. However, for opposition related to registered trademarks, the mark must have been used within this two-year period (Articles 6/7 and 6/8).
Finally, the ninth paragraph provides a significant safeguard against abuse by stipulating that trademark applications filed in bad faith shall be refused upon opposition.
The trademark registration process proceeds according to specific steps under the Industrial Property Law No. 6769. The initial step involves filing a trademark application. After submission, the Turkish Patent and Trademark Office (TÜRKPATENT) conducts a formal examination to check for any procedural deficiencies. If no formal defects are found, the application undergoes substantive examination.
During substantive examination, the mark is assessed against absolute grounds for refusal. If any absolute grounds are identified, TÜRKPATENT will reject the application. This refusal can be either partial or full. Partial refusal applies to only a part of the goods or services listed, while full refusal means the entire application for all goods and services is rejected.
Against a refusal decision, the applicant may file an appeal within 2 months from the date of notification with TÜRKPATENT. If TÜRKPATENT concludes there are no absolute grounds for refusal, the trademark is published in the Official Trademark Bulletin for a period of 2 months. This publication period is commonly referred to as the “opposition period.”
During the opposition period, third parties may file oppositions based on relative grounds for refusal. The trademark applicant then has 1 month from notification of the opposition to submit a counterstatement.
The oppositions and counterstatements are evaluated by the Trademark Department, which decides whether to accept or reject the opposition. The applicant may further appeal this decision within the framework of an objection.
This appeal is reviewed by the Reexamination and Evaluation Board (YİDK) of the Turkish Patent and Trademark Office. The Board may uphold or overturn the appeal. The decision of YİDK is considered final at the administrative level.
Following the YİDK decision, an action for annulment may be filed within 2 months before the Intellectual and Industrial Property Rights Court.
| Step | Description | Duration |
| 1. Application | Trademark application is filed | – |
| 2. Formal Examination | TÜRKPATENT checks for formal deficiencies | – |
| 3. Substantive Examination | Evaluation against absolute grounds for refusal | – |
| 4. Refusal (if any) | Partial or full refusal decision is made | – |
| 5. Appeal to Institution Decision | Appeal against refusal decision | 2 months |
| 6. Publication (Opposition Period) | Application is published; third parties gain opposition rights | 2 months |
| 7. Opposition | Third parties may file oppositions based on relative grounds | Within opposition period |
| 8. Counterstatement | Applicant may submit defense against opposition | 1 month |
| 9. Opposition Decision | Trademark Office accepts or rejects opposition | – |
| 10. YİDK Appeal Process | Appeal to the Reexamination and Evaluation Board (YİDK) | 2 months |
| 11. Judicial Review | Legal action may be taken against YİDK decision | 2 months |
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