Trademark Infringement in Türkiye | Lawsuit and Compensation

Trademark infringement in Türkiye refers to the unauthorized use, imitation, sale, offering for sale, import, export, or commercial possession of goods or services bearing a registered trademark, or a sign that is identical or confusingly similar to such trademark. Under Turkish law, trademark infringement is mainly governed by Industrial Property Law No. 6769 and may give rise to several legal remedies, including cessation of infringement, prevention of further infringement, seizure of counterfeit goods, material compensation, non-pecuniary compensation, and, where the relevant conditions are met, compensation for reputational damage.

A trademark infringement lawsuit in Türkiye is a legal action brought to protect a registered trademark against unauthorized use, imitation, the offering for sale of counterfeit goods, or commercial uses that impair the distinctive character of the trademark. The lawsuit is filed before the competent Civil Court for Intellectual and Industrial Property Rights through a comprehensive statement of claim, following the identification of the infringement and the collection of relevant evidence. At this stage, it is important to determine the competent court in accordance with the procedural provisions of Industrial Property Law No. 6769 and, depending on the circumstances of the concrete case, the Code of Civil Procedure No. 6100.

In such a lawsuit, the right holder may request not only the cessation of the infringement, but also the prevention of trademark infringement, termination of the ongoing infringement, material compensation, non-pecuniary compensation, and, where the relevant conditions are met, compensation for reputational damage. In particular, where unauthorized logo use, the sale of counterfeit products, or misleading trademark use occurs on platforms such as Trendyol, Hepsiburada, Amazon, Instagram, or similar digital channels, it is crucial to collect evidence promptly and, where necessary, to assess the possibility of requesting a preliminary injunction without delay.

When Does Trademark Infringement Occur in Türkiye?

Under Industrial Property Law No. 6769, trademark infringement is not limited to the exact copying of a trademark. Infringement may occur not only in physical stores but also in e-commerce, online marketplaces, social media advertisements, and digital catalogues. In practice, the most common examples include the sale of counterfeit goods on marketplaces, unauthorized use of another party’s trademark on an Instagram account, misleading consumers through similarities in packaging and labels, and the use of counterfeit trademark indications on imported goods.

Acts generally considered as infringement include the following:

• Unauthorized use of the trademark without the consent of the right holder

• Imitation of the trademark or use of a sign that is indistinguishably similar to it

• Sale or offering for sale of goods bearing counterfeit trademarks

• Distribution of counterfeit goods

• Import or export of counterfeit goods

• Possession of counterfeit goods for commercial purposes

• Unauthorized extension of rights granted under a license

Not every use automatically constitutes infringement. The scope of trademark registration, similarity between the goods and services, whether the use is commercial in nature, and the likelihood of confusion must be assessed together.

How to File a Trademark Infringement Lawsuit in Türkiye Step by Step

1. The first step is to collect evidence proving both the trademark right and the infringement. The trademark registration certificate, screenshots, sales links, product images, invoices, catalogues, social media posts, and, where necessary, evidence determination through a notary public or the court are important at this stage. Especially in cases of online infringement, evidence must be secured in a timely manner, as online content may be deleted quickly.

   
   

2. The second step is to determine the correct legal strategy. In some cases, sending a cease-and-desist letter may be strategically useful; in others, directly filing a lawsuit and requesting a preliminary injunction may produce a more effective result. Sending a warning letter is not always mandatory; however, it may serve an important function in having content removed from an e-commerce platform, ensuring that the seller ceases the infringement, or proving bad faith at a later stage. At this point, cease-and-desist letters, evidence determination, and unfair competition issues often proceed in connection with one another.

   
   

3. The third step is to file the lawsuit before the competent and authorized court. However, for certain disputes, it may be necessary to complete the mandatory mediation process under the Turkish Commercial Code No. 6102. In trademark disputes, the competent court is the Civil Court for Intellectual and Industrial Property Rights. In places where such a specialized court does not exist, the relevant cases are heard by the civil court of first instance.

When Is a Preliminary Injunction Necessary?

If the infringement is ongoing or if there is a risk that it may cause serious harm within a short period of time, a preliminary injunction may be requested either together with the lawsuit or before filing the lawsuit. Such a request may provide protective legal consequences, including the prevention and cessation of trademark infringement and the seizure of goods subject to infringement. Especially in cases involving e-commerce stores selling during campaign periods, bulk shipments of counterfeit goods, or use shortly before a trade fair, the main protection is often achieved through a preliminary injunction order. In many scenarios, the court may require the applicant to deposit security in order for a preliminary injunction to be granted.

Claims and Compensation Rights of the Right Holder in Trademark Infringement

The right holder may raise multiple claims within the same trademark infringement lawsuit. In this respect, the lawsuit serves not only to stop the infringement but also to remedy economic and reputational losses.

The main claims that may be brought by the right holder include the following:

• Determination of infringement

• Prevention of infringement

• Cessation of infringement

• Removal of the consequences of infringement

• Seizure of counterfeit goods

• Where necessary, removal of the trademarks from the goods

• Where mandatory, destruction of the goods

• Publication of the final court decision

• Material compensation

• Non-pecuniary compensation

Compensation for reputational damage, where the relevant conditions are met

These claims must be assessed and asserted in light of your specific legal situation. Other provisions of Industrial Property Law No. 6769 may also be relied upon within the framework of the concrete facts of the case.

How Are Material, Non-Pecuniary, and Reputational Compensation Assessed?

In terms of material compensation, the law protects both the actual loss suffered by the right holder and the loss of profit. Loss of profit may be calculated by reference to one of the following methods: the probable income the right holder would have earned had the infringement not occurred, the net profit obtained by the infringer, or a hypothetical license fee. The most appropriate method is determined according to the strength of the trademark in the relevant sector, sales volume, licensing relationships, and the evidentiary structure of the file.

Non-pecuniary compensation, on the other hand, is assessed within the framework of the harm caused by the infringement to the trademark and commercial reputation. Where counterfeit goods create a negative perception in the market due to low quality, lack of reliability, or presentation that damages brand value, separate compensation for reputational damage may also come into consideration.

Why Does Preventing Trademark Infringement Require Swift Action?

Trademark infringement does not merely cause short-term loss of sales. It may create confusion among consumers, weaken the distinctive character of the trademark, and cause serious commercial losses in e-commerce. Especially on online marketplaces, counterfeit goods may reach a large number of orders within a short period of time; therefore, if action is delayed, the damage may increase and evidence may disappear.

For this reason, depending on the nature of the infringement, the options of rapidly collecting evidence, filing content removal requests with platforms, sending cease-and-desist letters in suitable cases, and, where necessary, requesting a preliminary injunction together with the lawsuit should be assessed jointly.

The Importance of Legal Consultancy in Trademark Disputes in Türkiye

In trademark disputes, the issue is often not limited to similarity alone. The scope of registration, manner of use, similarity of classes, chain of evidence, correct formulation of claims, timing of the injunction, and calculation of compensation must all be addressed together. A lawsuit filed with insufficient evidence or an incorrectly structured legal strategy may delay protection, and may even make it difficult to obtain protection, even in a case where the right holder is substantively justified.

Especially in cases heard before the Civil Courts for Intellectual and Industrial Property Rights in Istanbul, establishing the case strategy properly from the outset and technically documenting infringements occurring through digital channels are important for the effectiveness of the process.

In the event of trademark infringement in Türkiye, the remedies available to the right holder are not limited to the removal of counterfeit goods from the market. Under Turkish law, trademark infringement provides multi-layered protection, including prevention, cessation, removal of the consequences of infringement, material compensation, non-pecuniary compensation, compensation for reputational damage where applicable, seizure, and preliminary injunction. The legal route to be chosen varies depending on where the infringement occurred, the nature of the evidence, and the scale of the commercial impact; these matters may vary according to the specific circumstances of each case. You may contact us to schedule a legal consultation appointment.

Frequently Asked Questions

1. Is it mandatory to send a cease-and-desist letter before filing a lawsuit?

   No. A cease-and-desist letter may be useful in many cases; however, it is not a prerequisite for filing a trademark infringement lawsuit. Nevertheless, in certain e-commerce and digital content infringement cases, a cease-and-desist letter may provide strategic benefit in ensuring the rapid removal of the content and clarifying the scope of the dispute.

   
   

2. Can a lawsuit still be filed if the infringement occurs only through online sales?

   Yes. Online listings, marketplace sales, product marketing through social media, or unauthorized use of a trademark in digital advertising may also constitute trademark infringement. In such cases, screenshots, URLs, product descriptions, and order records are important.

   
   

3. How is material compensation determined?

   The law recognizes compensation for both actual loss and loss of profit. Loss of profit may be calculated by reference to probable income, the infringer’s net profit, or a hypothetical license fee. The most appropriate method may vary depending on the nature of the case. However, there are also doctrinal views arguing that these calculation methods are not entirely optional.

   
   

4. Is it also possible to file a criminal complaint?

   Certain acts may also give rise to criminal liability. However, the criminal aspect and the civil lawsuit are not the same; the conditions for each legal route are different. In terms of criminal protection, it is important that the trademark be registered in Türkiye and that the complaint requirement be satisfied.