KÜHEYLAN HUKUK
How to Register a Trademark? 2026 Application Process, Class Selection, Fees and Protection Period Pre-application research, TURKPATENT stages, 2026 Institution fees and post-registration obligations within the framework of the Industrial Property Law No. 6769. This guide has been updated as of 2026, based on the Industrial Property Law No. 6769, the Law on Intellectual and Artistic Works No. 5846 and the Supreme Court case law.
In Türkiye, trademark protection arises with registration, and registration is not an automatic result of the application. In order for the application not to be rejected, the sign must be distinctive, do not directly identify goods and services, and must not conflict with previous trademarks. The application is open to objection by third parties for two months after it is published in the Official Trademark Bulletin. In this guide, the signs that can be trademarked, the scope of the pre-application research, class selection according to the Nis classification, the duration of each stage from application to registration, TURKPATENT fees for 2026, and the usage and renewal obligations that keep the trademark alive after registration, are explained together with the current decisions of the Supreme Court.
1. What can be registered as a trademark?
According to Article 4 of the Industrial Property Law (IPK), trademark; It may consist of all kinds of signs, such as words, shapes, colours, letters, numbers, sounds and the shape of the goods or their packaging, including personal names. The law requires two conditions: The sign must be capable of distinguishing the goods or services of a business from others, and it must be shown in the registry in a way that the subject of protection is clearly and precisely understood. Therefore, a slogan, a sound sequence or a unique bottle shape can also be registered as a trademark; as long as it is clearly described in the registry.
Protection is obtained through registration (SMK article 7/1). The owner of a sign used unregistered is not completely unprotected; may object to the application made by someone else later (SMK article 6/3) and may rely on unfair competition provisions. However, these methods rely on proof of use and priority, meaning they are costly and uncertain. The registered trademark owner proves his right with documents. The demand in practice also confirms this: According to TÜRKPATENT data, 164,657 of the 220,757 domestic industrial property applications made in 2025 are trademark applications.
A significant portion of applications are rejected due to errors made at the sign selection stage. The institution must first submit the application pursuant to SMK art. It automatically examines the reasons for absolute rejection in 5. The most common absolute rejection reasons in practice are:
Absence of distinctive feature (Art.5/1-b): A single letter, a simple geometric shape or an ordinary phrase of praise does not indicate a source on its own.
Descriptiveness (Art. 5/1-c): Phrases that directly describe the type, quality, quantity, purpose or geographical source of the goods are not left to anyone's monopoly. For a bakery, "Fresh Bread" is of this nature.
Sameness or indistinguishable similarity with the previous trademark (Art. 5/1-d): A trademark that is almost identical to a previously registered or applied trademark for the same or the same type of goods and services shall be rejected without waiting for an objection.
Expressions used by everyone (Art. 5/1-d): Nomenclatures generally used in a particular sector cannot be registered.
The General Assembly of the Supreme Court of Appeals emphasized that this examination should be carried out by considering all elements of the trademark together and separately for each good and service in the application. According to the Board, a descriptive word may be included as a side element in the brand; If the whole formed by the shape, color and word elements is distinctive, there is no registration obstacle (YHGK, 24.09.2025, E.2024/365, K. 2025/564). The law also accepts the acquisition of distinctiveness through use (Art. 5/2). The 11th Civil Chamber of the Supreme Court of Appeals decided that the new application of the owner of serial trademarks that have been used with the same essential element for a long time should be evaluated in this context (11th HD, 26.03.2026, E.2025/4626, K.2026/1723).
Passing the absolute rejection review does not mean that the application is safe. Relative reasons for rejection such as possibility of confusion, well-known trademark, bad faith and trade name (Art. 6) are examined by the Institution upon the objection of the right holder, not on its own. Therefore, before applying, similar phrases, the same or related classes and actual uses in the sector should be scanned in the TURKPATENT registry. The research should include not only the exact same word, but also variations that are close in pronunciation and meaning.
The goods and services in the application are grouped in 45 classes according to the Nis Agreement: Classes 1 to 34 cover goods, classes 35 to 45 cover services (SMK article 11/3). Protection arises only for goods and services included in the list. The first options that come to mind are class 43 (food and beverage services) for a cafe business, class 25 and class 35, which includes retail sales services, for a clothing brand, and classes 9 and 42 for a software startup.
The law clearly states that being in the same class does not mean that the goods are similar, and being in different classes does not mean that they are not similar (Art. 11/4). The list should be neither too narrow nor too broad than necessary. The narrow list leaves future expanding activities unprotected. An unnecessarily large list both increases the fees and creates the risk of cancellation for unused goods and services due to the five-year usage obligation (Art. 9, Art. 26).
4. How to Apply?
Application; It must contain the applicant's identity information, trademark example, list of goods and services and information showing that the application fee has been paid (SMK article 11/1). Applications are made through TÜRKPATENT's electronic system. Natural and legal persons residing in Türkiye can apply themselves; Those residing abroad can only carry out transactions through a trademark attorney (Article 160). Each application covers only one trademark (Art. 11/2). Making separate applications for the word mark and the logo expands the scope of protection.
The application date is finalized as of the date, time and minute when the complete application is received. If the institution detects a deficiency, it gives two months to correct it; The application date is not finalized until the deficiency regarding the identity, trademark sample, goods list or fee is corrected (Art. 15). If it is based on an application made abroad, priority right may be requested in Türkiye within six months from the first application (Art. 12).
Examine the shape SMK article 15 2 months from notification of deficiency; If not resolved, the application will be removed from the process.
Absolute rejection review SMK article 16 The application may be rejected for some or all of the goods and services
Third party opinions SMK article 17 It can be submitted until registration; The opinion holder is not a party to the transaction
Objection to publication SMK article 18 2 months from publication; justification and fee must be submitted within this period
Objection to decision SMK article 20 2 months from the notification of the decision; The Reexamination and Evaluation Board examines
Registration SMK article 22 If the registration fee is not paid on time, the application will be removed from the process.
In cases where no objection is received, the process is completed with the publication and payment of the registration fee following the two-month objection period. In case of objection, the applicant's opinion is requested, intermediate stages such as proof of use and reconciliation come to the fore and the period is significantly extended. The opposition process is also examined in the trademark application objection guide in this series.
Institution fees are determined by the tariff notification published every year. The 2026 tariff was published in the Official Gazette dated 31 December 2025. The main items are as follows:
Additional 3rd grade and each subsequent grade 3.150 TL 450 TL for selected commodity classes in class 35 retail services
Registration fee 7.010 TL It is paid after the publication and objection phase.
For example, the Institution's cost of an application made in three classes and concluded without objection is 2,820 + 2,820 + 3,150 + 7,010 = 15,800 TL. The amounts in the tariff do not include VAT and attorney service fee. Since incomplete or late payment of the fee may cause the application to be considered withdrawn, payment deadlines must be followed separately (SMK article 161).
The protection period of a registered trademark is ten years from the date of application and can be renewed indefinitely in ten-year periods (SMK article 23/1). Renewal is made within six months before the end of the protection period. If this period is missed, renewal is still possible with an additional fee within six months from the end of the period (Art. 23/2). If this additional period expires, the trademark right expires (Article 28). Trademark rights can be asserted against third parties as of the publication date of the registration. The applicant may file a lawsuit for compensation for infringements that occur after the application is published; However, the court cannot decide on the merits before the registration is published (Art. 7/4). Caution is also required after registration: A trademark that is not used seriously in Türkiye without a justified reason within five years from the date of registration can be canceled upon request (Art. 9/1, Art. 26). International applications can be made for protection abroad within the scope of the Madrid Protocol (Article 14).
A coffee business with three branches in Ankara applied the phrase "Fresh Roasted Coffee" for 30th class coffee products and 43rd class cafe services. The institution rejected the application in both classes on the grounds that the phrase directly describes the nature of the product. The business owner wanted to object, stating that he had been using the phrase on signs and packaging for four years.
The rejection decision is based on SMK article 5/1-c and an objection can be made within two months from the notification of the decision. The claim of distinctiveness through use (Art. 5/2) will only yield results if it is supported by strong evidence showing that the phrase now evokes this business in the eyes of the consumer, for example, sales volume, advertising expenditures and market research. Four years of local use often does not meet this threshold. A more realistic strategy is to submit a new application that makes the unique name of the business the main element and uses the descriptive phrase as a side element. As stated in the 2025 decision of the General Assembly of Law, the presence of a descriptive phrase in a composition that is distinctive as a whole does not prevent registration.
How long does it take to complete trademark registration?
The duration depends on the Institution's workload and whether or not an objection is received. In unobjectionable files, the trademark is registered in the registry by paying the registration fee after formal examination, absolute rejection examination, publication in the bulletin and two-month objection period are completed. If there is an objection or objection to the decision, the process may take more than a year.
Should the trademark be registered in the name of an individual or a company?
Both options are possible. However, if the trademark is to be transferred to a company in the future, the transfer agreement must be notarized and recorded in the registry (SMK article 148/4-5). In joint ventures, the name under which the brand is registered may become a matter of serious dispute when the partnership ends.
What can I do if someone else registers the trademark I have been using for years?
If the application is published in the bulletin, it can be objected within two months based on previous use (Art. 6/3) or bad faith (Art. 6/9). If the trademark is registered, an invalidity suit can be filed (Article 25). Proof of previous use through invoices, advertisements and dated records is decisive.
Should a logo or word mark be registered?
A word mark protects the phrase regardless of spelling and generally provides broader protection. The logo protects the visual identity. If the budget is suitable, it is preferred to apply separately for both.
Can the ® sign be used before registration is completed?
The ® sign means that the brand is registered. Using it for a trademark that is at the application stage may constitute a statement that misleads the consumer and may lead to an unfair competition dispute. It is recommended not to use this sign until registration.
Applying without research: Objection by the owner of a similar trademark voids the fees paid and the time spent; Worse, use started before the application may turn into a rape allegation.
Choosing a descriptive name: Although names that describe the product provide convenience in marketing, they cannot be registered or provide very weak protection.
Wrongly constructing the class list: A narrow list that does not meet the real scope of the activity and a list that is inflated with goods and services that will not be used create equal problems.
Not following electronic notifications: Institutional notifications are deemed to have been made at the end of the tenth day following their placement in the electronic mailbox (SMK article 160/6). It works even if the times are not read.
Missing the registration fee or renewal period: Failure to pay the fee on time will result in the application being removed from the process, and forgetting to renew will result in the termination of the right.
Trademark registration is a process whose every stage, from sign selection to renewal, is subject to legal deadlines. Whether the application will be accepted or not is largely determined by the research done before the application and the classroom setup. After registration, usage and renewal tracking protects the commercial value of the brand.
Küheylan Law Firm places its clients' trademark rights on a solid legal basis at every stage, from trademark research and determination of class strategy to preparation of the application, from objection and Reexamination and Evaluation Board processes to post-registration monitoring and renewal follow-up.
Important Legal Notice: This guide has been prepared by Küheylan Law Firm for general information purposes and does not constitute a legal opinion. Since legislation and judicial precedents may vary, a file-specific legal evaluation must be made before deciding on concrete disputes. Person names and numbers in the case studies are representative.
KÜHEYLAN HUKUK