.tr Domain Disputes in Turkey: A Guide for Foreign Brands

You search for your company name followed by ".com.tr" and find it already taken — by a local competitor, or by someone who registered it purely to sell it back at an inflated price. Domain name squatting is a serious problem for foreign businesses trying to establish a web presence in Turkey, and the .tr namespace is no exception.

The good news: Turkish law provides two clear routes to challenge an abusive .tr domain registration — a streamlined arbitration mechanism and civil court litigation. In many cases, both can run simultaneously. This guide explains each option and what you need to prepare before taking action.

How .tr Domains Are Registered in Turkey

Turkey's top-level domain system is managed by BTK (Bilgi Teknolojileri ve İletişim Kurumu), the national telecommunications authority. All registrations flow through TRABİS, BTK's centralised domain registry, via BTK-accredited registrar companies known as Kayıt Kuruluşları (KK).

The practical reality foreign businesses need to understand is this: most .tr extensions — including .com.tr, .net.tr, and .biz.tr — are assigned on a strict first-come, first-served basis under Article 8 of the İnternet Alan Adları Yönetmeliği (the Domain Names Regulation). No trademark check is performed at registration. Anyone can register a domain containing your brand the moment you become publicly visible in Turkey.

Domains are allocated for one to five years, are renewable, and can be sold or transferred freely. This creates an environment where speculators sometimes register portfolios of brand-matching .tr domains as investments, expecting the trademark owner to eventually pay a premium to reclaim the name.

The Three-Condition Test: When You Have Grounds for a Dispute

Article 25 of the Domain Names Regulation establishes three conditions that must all be satisfied to bring a successful domain dispute:

First, the contested domain must be identical or confusingly similar to a trademark, trade name, business name, or other distinctive sign that you own or actively use in commerce.

Second, the domain registrant must have no legitimate right to the name and no genuine connection to it. A party that actually trades under the disputed name is harder to dislodge than a pure cybersquatter with no commercial use at all.

Third, the domain must have been registered or must currently be used in bad faith. Registering a famous brand name in order to offer it for sale, deploying it to attract the brand's customers, or blocking the brand owner from securing a Turkish domain are all recognised examples of bad faith. Turkey's Court of Cassation (Yargıtay), particularly the 11th Civil Chamber, has confirmed in multiple decisions that incorporating a well-known trademark into a .tr domain constitutes trademark infringement and unfair competition under the Sınai Mülkiyet Kanunu (Law No. 6769, the Industrial Property Law).

The Arbitration Route: Filing with a UÇHS Provider

Turkey's Domain Names Regulation creates an alternative dispute resolution mechanism administered by specialised providers called UÇHS (Uyuşmazlık Çözüm Hizmet Sağlayıcı — Dispute Resolution Service Providers) authorised by BTK.

You file your complaint directly with a BTK-approved UÇHS provider. Arbitrators assigned to the case must have specialist knowledge in intellectual property law, trademark law, commercial law, or information technology law, as required by Article 26 of the Regulation. Proceedings are conducted primarily in writing; oral hearings are rarely necessary.

Once a decision is issued, the UÇHS notifies BTK, both parties, and the relevant registrar within one day. BTK then implements the decision. The arbitrator can order one of three outcomes: cancel the domain registration, transfer it to you, or dismiss the complaint. There is no monetary award through this channel — for compensation, you need a separate civil claim.

One important procedural point: once you file with a particular UÇHS provider, you cannot simultaneously pursue the same matter with another provider. Choose your arbitration body carefully based on its track record and panel composition.

Taking the Matter to Turkish Courts

Civil litigation is not an alternative to arbitration — it runs alongside it. If your trademark is registered in Turkey under Law No. 6769, you have an independent basis to bring an infringement claim before Turkish commercial courts.

Courts can order the domain holder to transfer the domain, cease using it, or pay damages. They can also order the blocking of access to the infringing site under Law No. 5651 on the Regulation of Internet Publications. Preliminary injunctions are available to freeze the situation while the main case is heard, which is particularly useful if the domain is actively being used to mislead your customers in Antalya or elsewhere in Turkey.

If your trademark is only registered in your home country, you can still sue in Turkey by relying on the well-known mark doctrine and international conventions — but proceedings will be slower, and interim relief is harder to obtain without Turkish trademark registration. For businesses planning a Turkish market entry, pursuing KVKK compliance and digital business structuring alongside trademark registration is a sound preparatory step. As with software and technology agreements, the strength of your position in Turkish courts depends heavily on documented prior rights.

Frequently Asked Questions

Q: Can a foreign company challenge a .tr domain without a Turkish trademark?

Yes. The three-condition test accepts claims based on trademarks, trade names, business names, and other distinctive signs — not only Turkish trademark registrations. However, proving rights over an unregistered name takes more evidence, and Turkish trademark registration significantly accelerates both the arbitration and court routes.

Q: Can the domain holder resist an UÇHS arbitration decision?

The domain holder can take the matter to court after the arbitration decision is issued. However, the UÇHS decision remains effective and BTK implements it unless a court specifically grants a stay of execution.

Q: Does the domain holder's location matter?

No. BTK has jurisdiction over all .tr domains regardless of where the registrant lives or operates. The UÇHS mechanism reaches any domain holder, anywhere in the world.

Q: What constitutes bad faith in a Turkish domain dispute?

The clearest examples are registering a well-known brand name to sell it at a premium, using the domain to divert the brand's customers, or holding the name to prevent the brand owner from establishing a Turkish online presence. Yargıtay has also confirmed that registering a famous mark as a domain and then transferring it to a third party can constitute trademark infringement.

Q: What should I do if someone is impersonating my brand through a .tr domain?

Preserve evidence immediately — take timestamped screenshots of the site, record the WHOIS data, and document any customer complaints. Beyond the domain dispute itself, online brand impersonation through websites and social media can also give rise to criminal complaints under Turkish law, which sometimes moves faster than civil proceedings.

How Mona Hukuk Can Help

Mona Hukuk is an Antalya-based law firm advising foreign businesses and individuals on Turkish IT law, intellectual property protection, and online brand disputes. Our team assists with .tr domain recovery through UÇHS proceedings, civil trademark litigation, interim injunction applications, and the broader legal groundwork for protecting your brand before and after entering the Turkish market.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.