Trademark Law

A trademark is not merely a logo or a name; it is the strongest asset representing the perception of "trust" and "quality" established with your customers. In today's competitive market, Trademark Law is not just a registration procedure but a process of legally armoring the commercial reputation and market share built over years of effort.

Often referred to among the public in Turkey as "obtaining name rights"; this process essentially grants you the monopoly over that name, logo, or slogan, enabling you to assert ownership against imitators by saying "this property belongs to me." An unregistered trademark remains legally vulnerable and carries the risk of being appropriated by others at any moment. Therefore, trademark protection is the sine qua non insurance of commercial life.

At Goklu Law & IP Firm, we go beyond traditional trademark agency services. We provide in-depth services covering the most technical details of the Industrial Property Code (IPC), ranging from the registration of non-traditional trademarks—such as sound, color, and motion—to complex proof of use defenses and litigation processes. In this context, we aim to protect your trademark throughout its entire lifecycle, starting from the registration process, and to increase its commercial value.

Trademark Registration Proceedings before TURKPATENT: We conduct a preliminary search on the registrability of your trademark and evaluate the probabilities of refusal, potential oppositions, and "distinctiveness" criteria in advance to file your application in the most accurate commodity classes (Nice Classification). Throughout the process, we meticulously manage all administrative procedures before the Turkish Patent and Trademark Office, such as appealing against Office decisions, submitting observations against third-party oppositions, and opposing third-party applications published in the bulletin that may damage your trademark.

Opposition Management & Legal Opinions: We file oppositions against trademark applications published in the Official Trademark Bulletin based on grounds such as "likelihood of confusion," "bad faith," "well-known status," and "prior unregistered use." Similarly, we provide robust defenses supported by precedent Court and Office decisions against oppositions filed against your trademark.

Portfolio Management & Strategic Monitoring: We actively manage our clients' trademark portfolios. In this context, we offer preventive services such as tracking protection periods to ensure timely renewals, handling international trademark applications, and monitoring monthly Trademark Bulletins to detect and oppose similar trademarks, thereby safeguarding your monopoly rights.

Proof of Use Defenses: We manage one of the most technical aspects of trademark law: gathering evidence, preparing files, and building strategic defenses against "request for proof of use" raised by counter-parties during opposition or litigation stages.

International Trademark Registration (WIPO & Madrid Protocol): To protect your trademark not only in Turkey but also in global markets, we manage international applications under the Madrid Protocol via WIPO (World Intellectual Property Organization) and handle responses to office actions (refusal decisions) in target countries through our cooperation with local solution partners.

Trademark Agreements & Commercialization: To turn your trademark into a revenue stream, we meticulously draft Licensing, Assignment (Transfer), Pledge, Co-existence, and Franchising Agreements, and conclude negotiation processes in favor of our clients. Furthermore, we diligently handle the recordal of these agreements in the TURKPATENT registry.

Trademark Due Diligence: We prepare comprehensive legal due diligence reports regarding the legal status, risks, and pending litigation of target trademarks during Mergers & Acquisitions (M&A) or trademark acquisitions.

Actions for Annulment of TURKPATENT Decisions (Board Lawsuits): Decisions rendered by the "Re-examination and Evaluation Board" (Higher Board) of the Turkish Patent and Trademark Office are final administrative decisions. If these decisions are contrary to the law, regulations, or established case law, they must be cancelled. We handle these technical lawsuits, which must be filed before the competent Ankara Civil Courts of Intellectual and Industrial Rights within 2 months of notification. We take the process to court to secure the registration of your rejected application or to cancel/remove an unfairly accepted competitor trademark from the registry.

Invalidation Actions & Revocation Processes: We manage Invalidation Actions before the Civil Courts of Intellectual and Industrial Rights to remove trademarks from the registry that prevent your registration or are registered unfairly. We also follow up on Revocation (Cancellation) processes before TURKPATENT for trademarks that have not been used for more than 5 years.

Counterfeit Products & Infringement Actions: In cases of any infringement, imitation, or unfair use of your trademark rights; we handle lawsuits for the determination, cessation, and prevention of infringement, and we indemnify your losses through pecuniary and non-pecuniary compensation claims.

Criminal Enforcement & Raids (Search & Seizure): Within the scope of trademark infringement crimes; we personally manage the field process, including filing complaints with the Prosecutor's Office, obtaining search and seizure warrants from Criminal Judgeships of Peace, conducting raids on warehouses/workplaces with law enforcement, and ensuring the destruction of counterfeit goods.

Customs Recordal & Border Protection: We register your trademark with the General Directorate of Customs (Customs Protection) to prevent the import or export of counterfeit goods into/from the Turkish market and manage the process of seizing and destroying captured counterfeit products.

Registration of Geographical Indications & Traditional Product Names: Geographical Indications (Designations of Origin and Geographical Indications) that protect the quality and reputation of regional products are of great value to both producers and the regional economy. We play an active role in the registration and supervision of this value. We ensure technical specifications are legally sound by determining the characteristic features of regional products, prepare application files, and manage registration and opposition processes before TURKPATENT.

Audit of Geographical Indications & Emblem Usage: We provide legal consultancy on the supervision processes of whether registered geographical indications are produced in accordance with technical specifications by producers and on the management of emblem usage rights.

Unfair Use of Geographical Indications & Infringement Lawsuits: We pursue product recall, criminal, and compensation lawsuits against the unauthorized use of GI designations or emblems (product imitation/counterfeiting) by products that do not have the right to benefit from the GI registration.

Arbitration & Mediation: We represent our clients in arbitration and mediation processes, which offer faster and privacy-based solutions as alternatives to lengthy judicial proceedings in trademark disputes.