Hot Topic: Strengthening IP Protection in Türkiye – TÜRKPATENT’s Latest Trends and Challenges

The Turkish intellectual property protection system has been evolving rapidly, with new trends emerging in trademark, patent, and design rights enforcement. One of the most pressing issues today is the increasing scrutiny of bad-faith trademark applications and how the Turkish Patent and Trademark Office (TÜRKPATENT) is responding to these challenges.

1. Crackdown on Bad-Faith Trademark Filings
A growing number of trademark applications in Türkiye involve attempts by unauthorized third parties to register well-known global or local trademarks. TÜRKPATENT has recently intensified efforts to combat bad-faith registrations, often rejecting trademarks that mimic famous names, slogans, or logos. The office is increasingly citing “lack of distinctiveness” and bad-faith intent as grounds for refusal, setting a precedent for stronger protection against copycat applications.

2. Rise in Non-Traditional Trademark Applications
Another interesting trend is the rising number of non-traditional trademarks (e.g., sound marks, holograms, and motion marks). While Türkiye’s Industrial Property Law theoretically allows their registration, applicants face strict examination standards and high evidentiary requirements in practice. Businesses seeking protection for non-traditional marks must provide substantial proof of distinctiveness through market surveys and long-term usage.

3. AI and Copyright Challenges
With AI-generated content becoming more prevalent, Türkiye is also facing new debates on copyright protection. Questions arise on whether AI-created works can be copyrighted and how authorship is determined when AI tools assist in generating creative outputs. There is currently no explicit regulation on AI-generated works, making this an area to watch as global discussions on the topic continue.

4. Stricter Enforcement on Counterfeits
Türkiye remains a major hub in the fight against counterfeit goods. Customs authorities and enforcement agencies have ramped up efforts in border measures, working closely with rights holders to seize and destroy counterfeit products. However, trademark owners still face difficulties in tackling e-commerce counterfeits, as platforms often lack sufficient verification mechanisms to prevent infringing listings.

5. The Role of TÜRKPATENT’s Online Systems
To modernize IP protection, TÜRKPATENT has expanded its online services, allowing for faster processing of applications, oppositions, and renewals. However, some users report inefficiencies in the system, particularly regarding delayed opposition decisions and the need for more transparent decision-making criteria in cancellation proceedings.

What’s Next?
As Türkiye moves toward greater integration with global IP standards, expect to see further developments in legal interpretations and possible legislative updates addressing bad-faith filings, AI-related copyrights, and enforcement measures against counterfeits. For IP professionals, businesses, and rights holders, keeping up with these changes is crucial for navigating the evolving landscape.

Aylin Özgür
Trademark & Patent Attorney
E: aylin@starkerip.com