Trademark, Patent and IP Lawyer in Bursa

Trademarks, patents, designs and copyright are commercial assets that, in today’s economy, are as valuable as physical assets, and in many sectors more so. The imitation of a trademark or the unauthorised copying of a design can quickly undo years of R&D and marketing effort. At Neka Legal, we handle intellectual property matters with a comprehensive approach covering the entire life cycle of these assets, from their creation and protection to their defence against infringement, for Turkish and foreign right holders alike.

In which trademark matters do we represent clients?

In trademark law, we cover every legal aspect of a mark, from registration and applications to the Turkish Patent and Trademark Office (TÜRKPATENT) and international registration under the Madrid Protocol, to appeals before the Office’s Re-examination and Evaluation Department (YİDD), cancellation actions, invalidity actions, revocation for non-use and infringement actions. We assess the civil and criminal consequences of trademark infringement together, and we pursue injunctions, preservation of evidence and seizure proceedings against counterfeits of licensed products throughout Türkiye.

How is a trademark registered in Türkiye?

Trademark registration begins with an application to TÜRKPATENT. Registration gives the owner strong protection that is easy to prove, independently of whether the mark has been used (Industrial Property Code No. 6769, SMK).

1. Preliminary search: Searching for similar marks before filing considerably reduces the risk of refusal and opposition.
2. Application: The application is filed with TÜRKPATENT, specifying the classes of goods and services to be protected.
3. Examination: The application is examined for absolute grounds for refusal.
4. Publication and opposition: An application found eligible is published in the Official Trademark Bulletin; third parties may file an opposition within two months of publication.
5. Registration: If there is no opposition, or oppositions are rejected, the mark is registered.

The choice of classes is critical. A mark is protected only for the goods and services listed in the application. An incomplete selection may later allow others to register the mark in different fields.

Terms of protection for intellectual property rights

A trademark registration is protected for ten years from the filing date and can be renewed indefinitely for further ten-year periods (SMK, Art. 23). A patent is protected for twenty years and a utility model for ten years from the filing date; these terms cannot be extended (Art. 101). A registered design is protected for five years and can be renewed up to a total of twenty-five years; an unregistered design is protected for three years from the date it is first made available to the public (Art. 69). An author’s copyright lasts for seventy years after their death (Law on Intellectual and Artistic Works, FSEK, Art. 27).

If a registered trademark is not used without a valid reason within five years of registration, it may be revoked at the request of an interested party. It is therefore important that the mark is genuinely used for the registered goods and services and that this use is documented.

Patents, utility models and industrial designs

In patents and utility models, in addition to national applications, we handle international applications under the PCT and the European Patent Convention, disputes over employee inventions, and invalidity and infringement actions. In industrial design law, we have a substantial track record, particularly in the İnegöl furniture industry, the leading manufacturing sector in our region, in design registration, protection of unregistered designs, invalidity and infringement actions, based on prior design searches and expert examinations.

To be patentable, an invention must be new, involve an inventive step and be industrially applicable. Since disclosing an invention to the public before filing, for example at a trade fair, in a catalogue or online, can destroy its novelty, keeping it confidential before the application is essential.

What can you do if your trademark, patent or design is infringed?

The right holder can ask the court for the following against infringing acts (SMK, Art. 149):

• A declaration that the infringement exists, and its prevention and cessation,
• Seizure of the infringing products and the means used to produce them,
• Pecuniary and non-pecuniary damages; pecuniary damages can be calculated on the basis of lost profits or a reasonable licence fee,
• Publication of the final judgment in a newspaper.

Where counterfeit products are on the market, preservation of evidence and a preliminary injunction can be requested before filing the lawsuit, so that evidence is not lost. Since trademark infringement is also a criminal offence, a criminal investigation can be initiated alongside the civil proceedings.

Copyright and other fields

Our practice also covers the protection of authors’ economic and moral rights under the Law on Intellectual and Artistic Works (FSEK), infringement actions, software copyright and licence agreements, and disputes concerning related rights. In addition, we provide advice and representation on geographical indication registrations, unfair competition actions, domain name disputes and intellectual property criminal law.

Copyright arises automatically when a work is created and does not depend on registration. However, in case of infringement, keeping records that show the date the work was created is recommended to prove authorship.

Which court hears intellectual property cases?

Civil actions concerning trademarks, patents, designs and copyright are heard by the specialised civil courts of intellectual and industrial property rights, or, where there is no such court, by the civil courts of first instance. Actions against decisions of TÜRKPATENT’s Re-examination and Evaluation Department are heard by the intellectual and industrial property courts in Ankara. For right holders in Bursa, infringement actions can, as a rule, be filed at the claimant’s domicile or where the infringement took place.

Frequently asked questions

How long does trademark registration take?

For applications that are not opposed, the process is usually completed within a few months to a year. If the publication is opposed, it takes longer.

Can I keep using my unregistered trademark?

Unregistered use can be protected under certain conditions, but serious disputes may arise if someone else registers the same mark. Registration is the safest form of protection.

A similar trademark application has been published. What should I do?

You can file an opposition with TÜRKPATENT within two months of the date the application was published in the Official Trademark Bulletin.

Can I protect my design without registering it?

Unregistered designs are protected against copying for three years from the date they are first made available to the public. Registration is recommended for longer and stronger protection.

Is a Turkish trademark registration valid only in Türkiye?

Yes, a TÜRKPATENT registration provides protection in Türkiye. For protection abroad, an international application is made through the Madrid Protocol or national applications are filed country by country. Foreign owners can also extend an international registration to Türkiye through the Madrid system.

Responsible attorney: Kaan Kaplan

This page has been prepared for general information purposes and does not constitute legal advice. Last updated: 6 November 2026.