A trademark is a distinctive sign, design or expression that identifies the goods or services of one business and distinguishes them from those of others. It can be a word, logo, slogan, shape, colour or sound. Trademarks protect brand identity, are legally enforceable against imitation, and in most countries, Türkiye included, the full set of rights is obtained by registration.
What is a trademark?
A trademark is any symbol, word or phrase legally registered or established by use as representing a company or its products. This can include logos, slogans and brand names. Trademarks serve as a legal protection mechanism, ensuring that only the owner has the right to use them in economic activity, which is crucial for safeguarding the brand’s identity.
Why trademarks are important
Trademarks prevent confusion in the marketplace, helping consumers distinguish between goods and services, and so protect both the consumer and the integrity of a brand. They give brands legal clarity against counterfeiting and fraud, and they become valuable assets as the brand’s reputation grows.
Why trademarks matter to a growing startup
For startups, trademarks are particularly critical as they help establish a brand in a crowded market and build a loyal customer base. Securing a trademark early can prevent costly legal battles over brand names and logos once the brand gains visibility and market share. Trademarks also aid in securing funding, since they add value to a company’s intangible assets, and investors check the registration status of the core brand during due diligence.
Owning a trademark enhances a startup’s credibility with customers, suppliers and investors, and signals seriousness about building a long-lasting brand, which matters for expansion into new markets. Trademarks can also provide an additional revenue stream through licensing agreements, where other entities pay to use the brand name or logo. A well-managed trademark can become one of the most valuable assets a startup owns, and it feeds directly into business valuation.
Trademarks in Türkiye
Trademarks in Türkiye are governed by the Industrial Property Code No. 6769 (SMK) and registered with the Turkish Patent and Trademark Office (TÜRKPATENT). A trademark may consist of any sign, including words and personal names, figures, colours, letters, numerals, sounds and the shape of goods or packaging, provided it distinguishes one undertaking’s goods or services from others’ and can be represented clearly in the register (SMK Art. 4). Protection is obtained by registration (Art. 7(1)); the owner may then prevent use of an identical sign for the registered goods or services, of a similar sign where there is a likelihood of confusion, and, for marks with a reputation in Türkiye, of a sign that would take unfair advantage of or harm that reputation (Art. 7(2)). Goods and services follow the Nice Classification (Art. 11(3)). Registration lasts ten years from filing, renewable for further ten-year periods (Art. 23(1)). A mark not put to genuine use in Türkiye within five years of registration, or unused for five uninterrupted years, is liable to cancellation (Art. 9(1)); since 10 January 2024 TÜRKPATENT decides such requests administratively (Art. 26). An earlier unregistered sign used in trade is an opposition ground against a later application (Art. 6(3)), but far harder to rely on than a registration. Türkiye has been a member of the Madrid Protocol since 1 January 1999, so a Turkish application can base an international application through WIPO, and foreign owners can designate Türkiye in theirs.
On the ® and ™ symbols: the Code contains no provision requiring, regulating or protecting either symbol, so their use is neither mandatory nor a condition of enforcement in Türkiye; ™ merely signals a claim and has no legal effect. Placing ® on a sign not registered in Türkiye is not addressed by the SMK, but a false statement about one’s own business signs is unfair competition under the Commercial Code (TCC Art. 55(1)(a)(2)), and the SMK’s criminal provisions presuppose a mark registered in Türkiye (Art. 30(5)). The safe rule is to use ® only for marks actually registered in the market where the symbol is displayed.
Frequently asked questions
Does a foreign trademark registration protect my brand in Türkiye?
No. Trademark protection is territorial; rights under the Industrial Property Code arise from registration with TÜRKPATENT (SMK Art. 7(1)). A foreign owner can file directly in Türkiye or designate Türkiye in a Madrid Protocol international application.
How long does a Turkish trademark last, and can it lapse early?
Ten years from the filing date, renewable indefinitely in ten-year periods (SMK Art. 23). It can be cancelled earlier if it is not genuinely used in Türkiye for the registered goods or services within five years of registration or if use stops for five consecutive years (Art. 9); since January 2024 TÜRKPATENT decides such cancellation requests (Art. 26).
Is it mandatory to use the ® symbol in Türkiye?
No. Turkish law has no rule requiring or governing ® or ™, and omitting them does not weaken a registered mark. Using ® for a sign that is not registered in Türkiye may, however, be treated as a misleading statement about one’s business signs under the unfair competition rules (TCC Art. 55(1)(a)(2)).
Sources. Industrial Property Code No. 6769, Arts. 4, 6, 7, 9, 11, 23, 26, 30 and 192; Turkish Commercial Code No. 6102, Art. 55; Madrid Protocol (in force for Türkiye since 1 January 1999, WIPO); TÜRKPATENT; mevzuat.gov.tr.