Trademark & Patent Lawyer

A trademark lawyer is a lawyer who specialises in the registration, infringement and legal transactions of trademark rights. Trademark cases are heard by the specialised Intellectual and Industrial Property Rights Courts, and services in this field should be obtained from lawyers who specialise in it.

Our services are provided by our firm's founders, trademark attorneys and lawyers Zeynep KARACA and Ömer SEFA. Below we explain the services we offer in trademark law.

What Is a Trademark and How Is It Protected?

A trademark is a type of industrial property and a right obtained through registration. The name used when offering goods and services in a business constitutes your trademark, and it is the most important element distinguishing your business from others.

A trademark, also referred to as a name right, may consist of a name alone or a combination of a name and a figure. Under Article 4 of Industrial Property Law No. 6769, any sign that can be shown in the register — sounds, colours, signs and shapes — may be used as a trademark.

For more information, see our page "Name Rights & Design Registration".

What Is Trademark Law?

Trademark law is a legal discipline governed by Industrial Property Law No. 6769. Trademark registration procedures, the use of trademark rights and infringements fall within this branch of law.

What Is Trademark Registration Law?

Trademark registration is the protection of the trademark used by your business through entry in the register. Through registration, it becomes public that the trademark belongs to you. Your trademark is recorded in the register kept by TÜRKPATENT, and your ownership is protected against everyone. Trademark attorney services refer to the services provided during the registration process.

Trademark registration law covers the procedures and principles for registering a trademark before TÜRKPATENT and the legal transactions after registration. Transactions before TÜRKPATENT must be carried out through trademark attorneys.

Trademark registration law covers the following:

• Procedures and principles of trademark registration,
• Trademark renewal,
• Trademark assignments,
• Pledges and security interests recorded in the trademark register,
• Oppositions to trademark registration.

Who Is a Trademark Attorney?

A trademark attorney is a person registered with TÜRKPATENT who handles trademark and design registration applications from start to finish. It is a profession separate from that of a lawyer, and the service is provided by those who have passed the TÜRKPATENT examination.

Our firm's founders, Med. Att. LLM Zeynep KARACA and Med. Att. LLM Ömer SEFA, are trademark attorneys and provide trademark attorney services through "Mudanya Marka".

What Are the Benefits of Working with a Lawyer Who Is Also a Trademark Attorney?

With lawyers who are also trademark attorneys, you can receive both trademark registration services before TÜRKPATENT and legal services after your trademark is registered — all from a single point. Trademark attorneys who are not lawyers can only carry out registration procedures before TÜRKPATENT and cannot provide litigation services.

Another benefit appears during registration. A lawyer who is a trademark attorney can carry out trademark searches and assess a mark's registrability more effectively, which increases the likelihood that your application will succeed.

Our Trademark Registration Services

Our trademark registration services are provided by lawyers who hold trademark attorney licences and specialise in intellectual and industrial property law, with academic work in the field.

As trademark attorneys, our main services are:

• Trademark registration,
• Trademark searches,
• Monitoring marks identical or similar to registered trademarks and filing oppositions,
• Opposition procedures before TÜRKPATENT,
• Design registration,
• Legal protection in cases of trademark infringement,
• Trademark assignments,
• Transfer of trademark use rights and licence agreements,
• Trademark infringement advisory services,
• Trademark revocation requests.

Our Trademark Infringement Advisory Services

Trademark infringement generally refers to the unauthorised use of a registered trademark. Creating a counterfeit mark, exceeding the scope of a licence agreement or wrongfully removing a trademark sign are examples of trademark infringement.

Trademark infringement gives rise to both civil and criminal liability. In this context, our firm:

• Monitors trademark infringements in online and offline channels,
• Prevents trademark infringement,
• Has counterfeit goods recalled,
• Conducts material and moral damages actions,
• Handles criminal complaints before public prosecutors' offices.

What Are Trademark Cases?

Below is information on the cases most commonly filed in practice where the legal dispute concerns a trademark.

Trademark Infringement Actions

The cases of infringement of trademark rights are set out in Articles 7 and 29 of the Industrial Property Law (SMK). Examples of infringement under these provisions include:

• Producing, selling or distributing counterfeit goods for sale,
• Using the trademark as a domain name, trade name or keyword,
• Unjustly exceeding the scope of a licence agreement,
• Using the trademark without permission in the class of goods or services for which it is registered.

In the event of infringement, both civil and criminal remedies are available. The civil actions that may be filed include:

• An action for a declaration of infringement,
• An action to prevent infringement,
• An action to stop infringement,
• Material damages and lost profits,
• Moral damages and compensation for harm to reputation.

For more information, see our article "Trademark Infringement Actions" (in Turkish).

Trademark Invalidity Actions

During registration, a trademark is examined against absolute and relative grounds for refusal. Under Article 5 SMK, absolute grounds are examined ex officio by TÜRKPATENT during registration. Relative grounds are set out in Article 6 SMK and examined on the basis of oppositions by right holders.

Where a trademark has been registered that should not have been under Articles 5 and 6 SMK, an invalidity action can be filed. For more information, see our article "Trademark Invalidity Actions" (in Turkish).

Trademark Revocation

Under Article 26 SMK, a trademark may be revoked where:

• its use has been suspended for 5 years after registration without just cause,
• it has become a common name for the goods and services for which it is registered as a result of the owner's misuse,
• collective and guarantee marks are not used in accordance with their technical specifications.

Before 10 January 2024, trademarks were revoked through revocation actions in court. Since 10 January 2024, revocation requests are made to TÜRKPATENT. The procedures and principles of revocation were set out in the Regulation Amending the Regulation on the Implementation of the Industrial Property Law, published in Official Gazette No. 32842 on 15 March 2025. For details, see our article "What Is Trademark Revocation and When Does It Apply?" (in Turkish).