Trademark Infringement in Turkey: Determination, Injunction and Damages Lawsuits

You spot a counterfeit of your registered trademark in a shop window or on a Turkish marketplace listing. What legal remedies are available to you? In Turkey, trademark rights are protected by the Industrial Property Code (Law No. 6769, "SMK"), which gives the rights holder both powerful civil litigation tools and criminal protection. This article walks through how trademark infringement is established, stopped, and compensated — and how foreign brand owners can respond to counterfeiting and unauthorised use of their mark in Turkey.

What Counts as Trademark Infringement under the SMK

Under Article 7 of the SMK, the rights arising from trademark registration belong exclusively to the trademark owner. The owner may prevent use of an identical sign on the goods or services covered by the registration, use of a similar sign that creates a likelihood of confusion, and use that takes unfair advantage of a mark that is well known in Turkey. This protection extends to affixing the sign to goods or packaging, importing or exporting the goods, and using it in business papers, advertising, or online as a domain name or keyword.

Article 29 then lists the acts that constitute infringement: using the mark in the forms set out in Article 7 without consent; imitating the mark by using it or a sign so similar it cannot be distinguished; selling, distributing, importing, exporting, or holding for commercial purposes counterfeit goods that the person knew or should have known were imitations; and extending or transferring licensed rights without authorisation. Counterfeiting sits at the heart of this definition.

Civil Lawsuits: Determination, Injunction, Removal and Damages

Article 149 of the SMK sets out the claims an infringed trademark owner may bring before the court: determination of whether an act constitutes infringement; prevention of imminent infringement and cessation of ongoing infringement (injunction); removal of the infringement together with compensation for material and moral damages; seizure of the infringing goods and of the devices and machinery used exclusively in their production; transfer of ownership of, or removal of the marks from, those goods, and their destruction where unavoidable; and publication of the final judgment in a newspaper.

On damages, Article 150 provides that infringers are liable to compensate the rights holder's loss, and that a separate claim for reputational damage may be raised where the mark's reputation has suffered. Under Article 151, lost profit is calculated — at the rights holder's choice — by one of three methods: the probable income the owner could have earned absent the infringement, the net profit gained by the infringer, or the licence fee that would have been payable under a lawful licence. This elective calculation is a significant advantage for foreign brand owners facing evidentiary hurdles.

The Criminal Dimension: The Offence of Counterfeiting

Trademark counterfeiting is not only a civil dispute but also a crime. Under Article 30 of the SMK, a person who infringes another's trademark by copying or causing confusion and thereby produces, offers for sale, sells, imports, exports, or holds goods for commercial purposes faces one to three years' imprisonment and a judicial fine of up to twenty thousand days. Two conditions are decisive: the mark must be registered in Turkey for a penalty to be imposed (Art. 30/5), and prosecution depends on a complaint by the rights holder (Art. 30/6). Turkish registration is therefore a prerequisite for criminal protection.

Evidence Gathering, Customs Seizure and the Specialised IP Courts

An effective case begins with solid evidence. Before filing suit, the court may be asked to preserve evidence, and Article 150(3) allows the owner to demand that the infringer submit relevant documents to the court. During proceedings, Article 159 permits a preliminary injunction under which infringing goods can be seized wherever they are found, including in customs areas and free zones. Border detention of counterfeit imports (customs seizure) operates alongside customs legislation and stops fake goods before they reach the market.

The competent court, under Article 156, is the Civil Court for Intellectual and Industrial Property Rights (and, on the criminal side, the corresponding Criminal Court); where these specialised courts have not been established, the civil and criminal courts of first instance hear the cases.

Practical Guidance for Foreign Brand Owners

1. Register in Turkey first: Criminal protection and many interim measures depend on the mark being registered in Turkey. Confirm that your international (Madrid) registration designates Turkey.
2. Lock down the evidence: Record the counterfeit through a notary, e-determination, or court evidence preservation; for online infringement, keep screenshots and domain records.
3. Combine an injunction with a customs application: Stop goods at the border and intervene against market sales at the same time.
4. Weigh both civil and criminal routes: A criminal complaint reinforces the damages claim in the civil case.
5. Work with local counsel: Deadlines, the complaint requirement, and specialised-court procedure all require expertise.

Frequently Asked Questions

My mark is not registered in Turkey — can I still sue? Well-known marks and certain situations under the Paris Convention are exceptions, but registration in Turkey is strongly recommended for civil and especially criminal protection to work effectively. Registration is mandatory for a criminal case.

Do I have to file separate determination, injunction and damages lawsuits? No. These claims can be raised together in a single statement of claim; in practice, determination, injunction, removal, and damages are usually sought in the same case.

What can I do against a small retailer selling counterfeits? A person who knowingly sells counterfeit goods also falls within Articles 29 and 30. However, if they disclose their supplier and help identify the producer, the effective-remorse provisions may reduce or remove the penalty.

How long does a case take and where is it heard? Cases are heard by the Civil Courts for Intellectual and Industrial Property Rights. Duration depends on the evidence, expert examination, and any appeal; a preliminary injunction, by contrast, can deliver results much faster.

How Mona Hukuk Can Help

Trademark infringement cases demand fast, accurate evidence handling and command of specialised-court procedure. Mona Hukuk advises Turkish and foreign brand owners end to end — registration, preliminary injunctions, customs seizures, determination-injunction-damages actions, and criminal complaints.

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