Registering a Trademark in Turkey: The 2026 Comprehensive Guide for Foreign Investors

Expanding your business to Turkey is an exciting milestone. But before you print your business cards or launch your Turkish website, there is one crucial step you cannot afford to skip: Trademark Registration.

Intellectual Property (IP) rights are territorial. Your registered trademark in Germany, the UK, or the USA does not give you protection in Turkey. Without a local registration, you are legally invisible, and worse, you are vulnerable.

Step 1: The "Life-Saving" Similarity Search 

The Turkish Patent and Trademark Office (TÜRKPATENT) examines applications not just for identical matches, but for "similarity." If your brand is "SolarMax" and there is already a "SolarMix" registered in the same sector, your application will likely be rejected. Filing an application without a preliminary search is the most common and costly mistake foreign investors make. A comprehensive search conducted by professional trademark attorneys in Turkey can save you 8 months of lost time by identifying these conflicts before you file.

Step 2: Understanding the Nice Classification 

Turkey utilizes the international Nice Classification system (Classes 1-45). You must select the correct classes for your goods and services.

• Strategic Tip: If you are an e-commerce business or a software company, simply registering the product class (e.g., Class 9 for software) is not enough. You should also consider Class 35 (Retail and Merchandising) and Class 42 (SaaS services) to ensure full coverage.

Step 3: The Application and Examination 

Once filed, the application undergoes a formal examination. TÜRKPATENT experts check for "Absolute Grounds for Refusal." This includes ensuring the mark is distinctive and not descriptive. For example, you cannot register the word "Delicious" for a food brand, as it describes the quality of the goods.

Step 4: The Opposition Period 

If the application passes the initial exam, it is published in the Official Trademark Bulletin. This begins a 2-month opposition period. During this window, any third party can object to your registration claiming it infringes on their rights. If an opposition is filed, the process transforms into a legal defense where you must submit counter-arguments.

Step 5: The "Non-Use" Risk 

Under the new Industrial Property Code, if a trademark is not used commercially in Turkey for a continuous period of 5 years, it becomes vulnerable to cancellation. This means you cannot simply "hoard" trademarks; you must use them. Keeping proof of use (invoices, marketing materials in Turkish) is essential for maintaining your rights.

Madrid Protocol vs. National Filing 

Foreign investors often ask if they should use the WIPO Madrid System or file directly in Turkey. While the Madrid System is convenient for multi-country filings, a direct National Filing is often faster and allows for more flexibility if the application faces a partial rejection.

Conclusion 

Securing your brand is the first step of your business journey in Turkey. It is a legal shield that allows you to operate, market, and grow with confidence. Don't leave it to chance; ensure your application is handled by experts who understand the local nuances.