Turkish Patent Office Upholds Firm Measures Against Trademark Squatting Targeting Foreign Brands

Trademark squatting has become a growing concern in Türkiye, with bad-faith applicants frequently targeting trademarks that are registered and actively used abroad but have not yet been registered domestically. These applicants file trademark applications in their own names, then attempt to sell the registrations or assert ownership rights, often obstructing the legitimate owners from entering the Turkish market.

The Turkish Patent and Trademark Office (TPTO) has responded by adopting a broad, rights-holder-friendly approach when assessing bad faith in opposition proceedings. Crucially, the absence of prior registration or use of a mark in Türkiye does not automatically preclude a finding of bad faith.

In cases where an application is identical to a distinctive trademark registered and used abroad, and the mark could not reasonably have been created coincidentally, the TPTO may determine bad faith even without concrete evidence directly proving the applicant’s intent. The mere fact that the foreign mark has been copied identically can suffice.

This approach was recently confirmed in a TPTO decision dated 6 March 2026 (file number E-71248886-130-260172511). The case involved trademark application number 2025/043581, which sought registration of a mark identical in word and stylisation to the Berlin-based fashion brand Lala Berlin.

Although Lala Berlin enjoys extensive international protection through registrations in multiple countries and widespread use abroad, it had neither been registered nor used in Türkiye at the time of the dispute.

The opposition against the application relied on the genuine ownership of the Lala Berlin trademark and argued that the application constituted a deliberate reproduction of the mark, including its distinctive stylisation and positioning. The opposition contended that filing an identical mark for use in the same business sector could not reasonably be considered an act of good faith, especially given the freedom available in selecting trademarks.

After examining the case under Article 6/9 of the Industrial Property Code No. 6769, the TPTO’s Trademarks Directorate concluded that the applicant had failed to act in accordance with honest commercial practices and intended to obtain an unfair advantage. Consequently, the application was rejected in its entirety on grounds of bad faith.

This ruling demonstrates the TPTO’s clear and consistent policy to prevent trademark squatting by applicants who seek to register marks identical to those registered and used abroad but not yet protected in Türkiye.

For trademark owners, this underscores the importance of monitoring foreign trademark portfolios and regularly reviewing the Turkish Trademark Bulletin. Filing oppositions on grounds of bad faith is critical when identical applications are identified, regardless of whether the mark is registered domestically.

Failing to act promptly may force the rightful owner to initiate court proceedings to invalidate bad-faith registrations before entering the Turkish market.

This article provides a general overview of the issue. Trademark owners and practitioners should seek specialist advice tailored to their specific circumstances to navigate Türkiye’s trademark enforcement landscape effectively.