Trademark Infringement Limitation Periods in Turkiye

In trademark infringement cases, limitation periods and forfeiture periods are not the same for civil actions and criminal investigations. The short answer is as follows: the criminal complaint period is, as a rule, 6 months; the general limitation period for compensation claims is 2 years and, in any event, 10 years; and the limitation period for prosecution in trademark infringement offences is generally considered to be 8 years in most cases. Article 73 of the Turkish Criminal Code provides for a 6-month period, starting from the date on which the act and the perpetrator are learned, for offences subject to complaint. The limitation period for prosecution is regulated under Article 66 of the Turkish Criminal Code; for offences requiring imprisonment or a judicial fine where the upper limit of the sentence does not exceed five years, the limitation period for prosecution is 8 years.

The 6-month complaint period begins, provided that the limitation period has not expired, from the date on which the person entitled to file a complaint knows or learns the act and the identity of the perpetrator. The starting point of these periods may differ in each case. It must be separately examined when the trademark owner became aware of the infringement, when the identity of the infringer was determined, whether the act was a one-off act or an ongoing sale, listing, or commercial activity, and whether the act constitutes a criminal offence under criminal law. In terms of compensation, Article 72 of the Turkish Code of Obligations provides for a 2-year period starting from the date on which the damage and the person liable for compensation are learned, and in any event a 10-year period starting from the date of the act.

How Many Years Is the Limitation Period in Trademark Infringement?

There is no single answer to the question of limitation periods in trademark infringement, because trademark infringement may give rise to both private law and criminal law consequences. In practice, the relevant time limits are as follows:

Criminal complaint period: 6 months from the date on which the act and the perpetrator are learned.

Limitation period for compensation claims: 2 years from the date on which the damage and the liable person are learned; in any event, 10 years from the date of the act.

Limitation period for criminal prosecution: generally 8 years for trademark offences falling within the scope of Article 30 of the Industrial Property Code, considering the upper limit of the applicable penalty.

Claims for cessation and prevention of infringement: these may be asserted as long as the infringement continues; however, issues such as acquiescence, the principle of good faith, and loss of rights must also be assessed in the specific case.

At this point, the distinction between “limitation period” and “forfeiture period” is important. In compensation claims, the opposing party may raise a limitation defence. By contrast, in offences subject to complaint, the 6-month complaint period may lead to loss of the right to initiate criminal proceedings. Therefore, the first date of knowledge for the trademark owner, and whether the complaint was filed within the prescribed period for the suspect or defendant, may determine the outcome of the case.

The 6-Month Complaint Period in Counterfeit Goods and Trademark Infringement Offences

Trademark infringement offences under Article 30 of the Industrial Property Code No. 6769 are offences subject to complaint. In order for an investigation to be conducted in relation to these offences, the trademark owner or the person entitled to file a complaint must file a complaint within 6 months from the date on which they learn of the act and the perpetrator. Under Article 73 of the Turkish Criminal Code, if this period is missed, no investigation or prosecution may be conducted.

The date of knowledge does not merely mean “hearing that an infringement exists.” In practice, the identity of the perpetrator, who sold the product, who owns the e-commerce account, the link with commercial activity, and the nature of the evidence are also examined. For example, seeing a counterfeit branded product on a marketplace may require separate identification of the seller and commercial responsibility. Therefore, when assessing the 6-month period, the date of screenshots, notices, platform correspondence, invoices, cargo records, and product samples should be considered together.

Time Limits for Compensation Claims in Unauthorized Trademark Use

Article 149 of the Industrial Property Code grants the right holder whose trademark right has been infringed the opportunity to raise claims such as determination, prevention, cessation, removal, and compensation. In doctrine, it is explained that actions for determination, cessation, and prevention of infringement may be filed under Article 149 of the Industrial Property Code, while Articles 150 and 151 are important in relation to actual damage and loss of profit in compensation claims.

Time Limit for Pecuniary Compensation Claims

The main point of reference for the limitation period in trademark infringement compensation actions is Article 72 of the Turkish Code of Obligations. Accordingly, the injured party must bring the compensation claim within 2 years from the date on which they learn of the damage and the person liable for compensation. In any event, the compensation claim becomes time-barred 10 years after the date on which the act was committed. However, if the act also constitutes a criminal offence subject to a longer limitation period, the criminal limitation period may apply pursuant to Article 72 of the Turkish Code of Obligations.

In pecuniary compensation claims, items such as actual damage, loss of profit, the licence fee approach, the infringer’s profits, and sales volume may come into consideration. In order for this calculation to be made properly, documents such as invoices, stock records, marketplace sales statements, customs records, advertising expenses, and product samples are important.

Time Limit for Non-Pecuniary Compensation and Loss of Reputation Claims

Claims based on non-pecuniary damage and damage to trademark reputation are also assessed within the framework of Article 72 of the Turkish Code of Obligations and the provisions of the Industrial Property Code, depending on the characteristics of the specific case. The placing of low-quality counterfeit products on the market, sales that damage the reliability of the trademark, or the creation of a misleading perception among consumers may be important in this regard. However, not every infringement automatically gives rise to non-pecuniary compensation; the manner in which the trademark is used, the severity of the infringement, and proof of damage must also be assessed separately.

When Does the Period Begin in Continuing Infringements?

Trademark infringement may consist of a single sale, but it may also occur in the form of a long-term e-commerce listing, possession of stock, storage, import, export, or social media promotion. In continuing infringements, calculation of time limits is more complex.

With reference also to the decision of the 11th Civil Chamber of the Court of Cassation dated 27.02.2013, numbered 2012/4026 E. and 2013/3565 K., it is stated that as long as the trademark infringement continues, limitation periods do not run in relation to claims for determination, cessation, and removal of infringement; however, general limitation periods are taken into account in compensation actions.

Therefore, in continuing sales, the “first infringement date” alone may not be sufficient. The fact that a listing remains online, that the product continues to be offered for sale, that the same product is sold through different accounts, or that the product is kept in stock may require separate assessments.

Calculation of Time Limits in E-Commerce and Marketplace Infringements

Where trademark infringement is alleged on Trendyol, Hepsiburada, Amazon, Instagram stores, or independent e-commerce websites, a notification made to the platform should not be confused with a complaint filed with the public prosecutor’s office. A trademark infringement notification submitted to the platform may result in the product being removed from publication or the seller being asked to provide a defence; however, as a rule, it does not replace a criminal complaint filed with the public prosecutor’s office.

Nevertheless, these notifications are still important. This is because platform correspondence may serve as evidence regarding when the infringement was noticed, who the seller was, which products were sold, and whether the sale continued. From the perspective of the e-commerce seller, allegations that the product is original, that it was obtained from an authorized supplier, that the commercial purpose element is absent, or that no trademark use was made must be supported by documents.

If the Complaint Period Is Missed, Does the Compensation Claim Also End?

No, not in every case. Missing the criminal complaint period may result in loss of rights in terms of the criminal investigation; however, the compensation claim is assessed separately. Article 74 of the Turkish Criminal Code provides that dismissal of the public case does not affect a civil action for restitution of goods or compensation for damages suffered. However, if personal rights were also waived during withdrawal of the complaint, this must be assessed separately.

Therefore, it may not be correct for a trademark owner to think, “I missed the complaint period, so nothing can be done anymore.” Claims such as compensation, cessation of infringement, removal of listings, recall of products, or termination of unlawful use must be examined separately according to the circumstances of the specific case.

What Should the Trademark Owner or Seller Do?

For the trademark owner, the first objective should be to secure the evidence before the time limits expire. A product sample should be obtained, screenshots should be stored in a dated manner, notarial determination or evidence determination options should be considered where possible, and marketplace records and seller information should be collected. Afterwards, the criminal complaint, preliminary injunction, compensation action, and platform application should be planned together.

For the suspect, defendant, or e-commerce seller, the defence should not be based solely on the argument that “the limitation period has expired.” The source of the product, invoices, supply chain, whether the trademark is registered in Türkiye, the commercial purpose element, knowledge or the requirement to know, the manner in which the product was offered for sale, and the connection of the company official with the act must also be examined. In terms of Article 30 of the Industrial Property Code, the requirement that the trademark be registered in Türkiye and acts such as producing, selling, importing, exporting, possessing, transporting, or storing for commercial purposes are particularly important.

Conclusion

Limitation periods in trademark infringement cannot be resolved merely by asking “how many years have passed?” In terms of the criminal complaint period, 6 months must be taken into account; in terms of compensation claims, the 2-year and 10-year periods must be considered; and in terms of the limitation period for criminal prosecution in trademark infringement offences, an 8-year period generally applies. However, the date of knowledge, the identity of the perpetrator, whether the infringement is continuing, and the relationship between the criminal investigation and the civil action may vary depending on the characteristics of the specific case. In order to avoid loss of rights, evidence should be collected at an early stage and the calculation of time limits should be made specifically for the file.

Frequently Asked Questions

1. How many years is the limitation period in trademark infringement?

   For compensation claims, as a rule, the period is 2 years from the date on which the damage and the liable person are learned, and in any event 10 years from the date of the act. If the act also constitutes a criminal offence, the longer criminal limitation period may apply.

   
   

2. What is the complaint period for the offence of trademark infringement?

   The complaint period is 6 months from the date on which the act and the perpetrator are learned. Since this period may produce consequences equivalent to forfeiture, action should be taken without delay.

   
   

3. Does a notification to Trendyol, Hepsiburada, or Amazon interrupt the limitation period?

   A notification submitted to a platform generally does not replace a complaint filed with the public prosecutor’s office or the filing of a lawsuit. However, it may be important as evidence regarding the date of knowledge, seller information, and continuation of the infringement.

   
   

4. Can a compensation claim be filed if the deadline for filing a complaint with the public prosecutor’s office is missed?

   Yes. Missing the criminal complaint period does not necessarily eliminate the right to compensation in every case. Compensation claims are assessed separately under the Turkish Code of Obligations and the Industrial Property Code.

   
   

5. When does the period begin if I learn the identity of the infringer later?

   In terms of the complaint period, Article 73 of the Turkish Criminal Code is based on knowledge of the act and the perpetrator. However, how the date of “knowledge” will be proven may vary depending on the evidence in the specific case.