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Legalwise

Intellectual Property Law

We serve a broad range of clients, from creative industries to technology companies, in trademark, patent and design registration, infringement litigation, copyright and licence agreements.

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For Clients Living Outside Turkey

Foreign businesses and individuals can register and protect trademarks, designs and copyrighted works in Turkey, and pursue or defend infringement claims, without needing to be present — most steps can proceed under a power of attorney.

How to get started from abroad

Services We Provide

  • Trademark and patent registration
  • Trademark infringement and unfair competition litigation
  • Copyright and licence agreements

Frequently Asked Questions

How long does trademark registration take?

Where no objection is filed, the process typically takes 6 to 10 months; it may take longer if there is a third-party objection or an objection from the Office. Protection based on the filing date applies even before registration is completed.

What can be done if an unregistered trademark is copied?

An action based on the unfair competition provisions may be brought for unregistered trademarks, though the scope of protection is more limited than for a registered mark. We therefore recommend registering a mark as soon as it comes into use.

What is the difference between a patent application and a utility model application?

A patent, under the examined system, is assessed more thoroughly for novelty and inventive step and offers 20 years of protection; a utility model is registered faster and at lower cost but protection is limited to 10 years and inventive step is not required.

How long does a trademark application take to conclude?

The duration depends on whether an opposition is filed and the complexity of the application; unopposed applications generally conclude faster, while opposed ones take longer due to further examination.

Can someone else register the same trademark in a different class?

As a rule yes, trademark protection is limited to the registered classes of goods and services; however, the law provides exceptions to this limitation for well-known marks.

Can a logo be protected as both a trademark and a design?

Yes, the same sign may be separately registered both as a trademark, for its distinctiveness, and as a design, for its visual features, providing dual protection.

Who owns an invention made by an employee in the course of their work?

Service inventions generally belong to the employer, but the employee may claim reasonable compensation through the invention notification procedure set by law.

What can I do if someone copies content from my website?

Original content benefits from copyright protection; the rights holder may seek removal of the content, damages, and, where appropriate, file a criminal complaint.

How is a trademark transferred?

Trademark assignment must be in writing and must be recorded in the Turkish Patent and Trademark Office registry to be enforceable against third parties.

Is software source code protected by copyright?

Yes, computer programs are protected by law within the category of literary and scientific works; unauthorised copying or distribution of the source code constitutes infringement.

Is there a risk in using a mark before registering it?

Yes, unregistered use carries the risk of facing an infringement claim if another party registers the same or a similar sign first.

What happens if a dispute arises among the co-owners of a work?

The exercise of rights over the work generally requires the unanimous agreement of all co-owners; in the event of a dispute, the court may be asked to make an appropriate arrangement.

Is patent protection also valid abroad?

No, patent protection is territorial; protection abroad requires separate applications in the relevant countries or use of international application systems.

What can be done in a domain-name dispute?

Where domain-name use infringes a trademark right, a complaint may be filed with the relevant domain registrar, or an action may be filed directly before the Intellectual and Industrial Property Court.

Can a trademark registration be cancelled if it is not used?

Yes, if a registered trademark is not used for a set period without justified reason, it may be cancelled for non-use upon a third party's request.

Need legal support in this area?

Schedule a preliminary consultation with our expert team; let's assess your case together.