How to File a Trademark Infringement Action in Turkey

Use of a registered trademark without the owner's permission entitles the trademark owner to pursue both civil and criminal remedies.

Acts Considered Trademark Infringement

Under Article 29 of Industrial Property Law No. 6769 (SMK), using a trademark identical to, or similar enough to create a likelihood of confusion with, a registered mark without the owner's permission, counterfeiting the mark, or holding goods bearing an infringing mark for commercial purposes, constitutes trademark infringement.

Action for Determination of Infringement

Under Article 149 of the SMK, the trademark owner may request the court to determine whether the defendant's acts constitute infringement of the trademark. This determination is particularly valuable where the existence of infringement is disputed, forming a strong legal basis for subsequent damages actions.

Preventing Infringement and Removing Its Consequences

The trademark owner may seek an order stopping ongoing infringement and removing the material consequences of the infringement, including, where necessary, seizure of the infringing goods and the means of production. The court may also order the destruction of seized goods where the conditions are met.

Damages Action

A trademark owner harmed by infringement may claim material and moral damages. In calculating material damages, the basis may be the profit the trademark owner lost, the fee the infringer would have paid had it used the mark under license, or the net profit the infringer earned — the method of calculation is left to the rights holder's choice.

Criminal Sanctions

Under Article 30 of the SMK, trademark infringement is a criminal offence investigated upon complaint and punishable by one to three years' imprisonment and a judicial fine. A criminal case can only be brought if the trademark owner files a complaint.

Gathering Evidence

Collecting product samples, invoices, photographs and video recordings, and market research records is decisive for proving infringement in both civil and criminal proceedings. Applying to the court for evidence preservation before filing suit helps prevent the loss of evidence.

Practical Recommendations

If you notice your trademark is being used without authorization, first send a formal notice documenting the infringement; if this does not resolve the matter, discuss your options for both civil and criminal action with a lawyer.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.