WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPlNlIITURlT/l 
17 July 2000 
(00-2925) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
TURKEY 
The present document reproduces the texe of Decree-Law N° 556 on the Protection of 
Trademarks, as notified by Turkey under Article 63.2 of the Agreement (see document 
IPlNllITURl2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
TURQUIE 
Le present document contient le texte1 du Decret-Ioi n° 556 relatif 11 la protection des 
marques, notifie par la Turquie au titre de l'article 63:2 de l'Accord (voir le document IPlNllITURl2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
TURQuIA 
En el presente documento se reproduce el texto1 del Decreto Ley N° de 556 de proteccion de 
marcas de fabrica 0 de comercio, que Turquia notifico de conformidad con 10 dispuesto en el 
parrafo 2 del articulo 63 del Acuerdo (vease el documento IPlNllITURl2). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de rOMC.lEn ingles solamente. Las delegaciones interesadas 
podn'm consultar en la Secretarfa de la OMC el texto en su idioma original. IP /NIl ITURlT 11 
Page 2 
TURKEY 
Decree-Law No. 556 on the Protection of Trademarks* 
(of June 27, 1995) 
TABLE OF CONTENTS** 
Article 
Part I: General Provisions 
Section I: Aim, Scope, Definitions and Persons En­
titled to Protection 
Aim and Scope ....................... I 
Definitions .......................... 2 
Persons Entitled to Protection .......... 3 
Priority of International Agreements. . . . . 4 
Section II: Signs that May Constitute a Trademark and 
Means of Acquiring Trademark Rights 
Signs that May Constitute a Trademark .. 5 
Means of Acquiring Trademark Rights .. . 6 
Absolute Grounds for Refusal of Trade-
mark Registration .................... 7 
Relative Grounds for Refusal of Trademark 
Registration ......................... 8 
Section Ill: Scope of Protection of the Trademark 
Section IV: 
Section V: Rights Conferred by a Registered Trademark 9 
Reproduction of the Trademark in Dictio-
naries and Reference Works. . . . . . . . . . .. 10 
Prohibition of the Use of a Trademark 
Registered in the Name of an Agent or Rep-
resentative . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 
Limits on the Effects of a Registered Trade-
mark................................ 12 
Exhaustion of the Rights Conferred by a 
Registered Trademark. . . . . . . . . . . . . . . . . 13 
Use of the Trademark 
Use of the Trademark 
Legal Transactions Relating to Trademark 
Rights 
Legal Transactions ................... . 
Transfer of the Trademark ............ . 
Transfer of a Trademark Registered in the 
Name of an Agent or Representative .... . 
Using the Trademark as Security ....... . 
Attachment ......................... . 
Licensing .......................... . 
Licensing Conditions ................. . 
Legal Procedures .................... . 14 
15 
16 
17 
18 
19 
20 
21 
22 
* Entry into force: June 27, 1995. 
Source: Communication from the Turkish authorities. 
Note: Translation by the International Bureau of WIPO 
on the basis of an English translation supplied by the Turkish 
authorities. 
** Added by WIPO. Part 1I: Application 
Section I: Filing of Application 
Filing of Application .... . . . . . . . . . . . . . . 23 
Classification ........................ 24 
Right of Priority . . . . . • . . . . . . . . . . . . . . . . 25 
Exhibition Priority . . . . . . . . . . . . . . . . . . . . 26 
Effect of Priority Rights ............... 27 
Claiming and Evidencing of Priority. . . . . 28 
Part Ill: Registration Procedures 
Section I: Examination of the Application 
Examination for Compliance with Filing 
Section Il: Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 
Remedying Deficiencies Regarding Com-
pliance With Filing Conditions ......... 30 
Examination as to Entitlement .......... 31 
Examination as to Absolute Grounds for 
Refusal ............................. 32 
Publication of the Application 
Publication of the Application 33 
Section Ill: Observations by Third Parties 
Observations by Third Parties .......... 34 
Opposition .......................... 35 
Examination of the Opposition ......... 36 
Section IV: Procedural Matters Relating to Trademark 
Applications 
Section V: Corrections .......................... 37 
Withdrawal ............. . . . . . . . . . . . . . 38 
Registration 
Registration 39 
Part IV: Term of Registration and Renewal of a Trademark 
Term of Registration .................. 40 
Renewal ............................ 41 
Part V: Invalidity of a Trademark and Termination of 
Trademark Rights 
Section I: Invalidity of a Trademark 
Section ll: Invalidity ........................... 42 
Application for a Declaration of Invalidity 43 
Effect of Invalidity ................... 44 
Termination of Rights 
Causes of Termination ............... . 
Surrender of Rights .................. . 45 
46 
Part VI: Appeals Against Decisions of the Institute 
Appeals............................. 47 
Persons Entitled to Appeal ............. 48 
Form of Appeal ...................... 49 
Rectifying a Decision ................. 50 
Examination of Appeals ............... 51 
Decision on Appeal .......•..•.•...... 52 
Court Actions Against Decisions .. ,..... 53 
Part VII: Guarantee Marks and Collective Marks 
Guarantee Marks ..................... 54 
Collective Marks ..................... 55 IP /N/lITURlT 11 
Page 3 IP/NIlITURJT/l 
Page 4 
Tecbnical Rules Governing Guarantee and 
Collective Marks ..................... 56 
Amending the Technical Rules ......... 57 
Rules Contrary to this Decree-Law ...... 58 
Use in Violation of the Technical Rules .. 59 
Transfer and Licensing ................ 60 
Part VIII: Infringement of Rights 
Infringement . . . . . . . . . . . . . . . . . . . . . . . . . 61 
Action by the Proprietor of the Trademark 62 
Competent Courts .................... 63 
Compensation. . . . . . . . . . . . . . . . . . . . . . . . 64 
Documents Evidencing Infringement .... 65 
Non-Realization of Profits ............. 66 
Increasing the Amount of tbe Profits Not 
Realized ............................ 67 
Reputation of the Trademark ........... 68 
Persons Against Whom Action May Not Be 
Brought ... " .. . . .. . . . . . . . . . . . . . .. . . . 69 
Time Limits ......................... 70 
Competent Courts .................... 71 
Publication of Court Decisions ......... 72 
Action by the Licensee ................ 73 
Claims of Non-Infringement ........... 74 
Action to Secure Evidence ............. 75 
Precautionary Measures ............... 76 
Nature of the Precautionary Measures ... 77 
Civil Procedure Code ................. 78 
Seizure at Customs ................... 79 
Part IX: Representation and Agents 
Representation Before the Institute 80 
Part X: Payment of Fees and Legal Effects 
Conditions of Payment of Fees and Effects 81 
Part XI: Final Provisions 
Provisions Repealed 
Transitional Provisions 
Entry Into Force ..................... . 
Execution ........................... . 82 
83 
84 
PART I 
GENERAL PROVISIONS Definitions 
Section I 
Aim, Scope, Definitions and Persons 
Entitled to Protection 
Aim and Scope 
Art. 1. The aim of this Decree-Law is to protect trade­
marks registered in conformity with the provisions 
thereof. 
This Decree-Law establishes the principles, rules and 
conditions for the protection of trademarks. Art. 2. For the purposes of this Decree-Law: 
(a) "trademarks" means trademarks or service marks, 
including guarantee marks and collective marks; 
(b) "Paris Convention" means the Paris Conven­
tion for the Protection of Industrial Property of 
March 20,1883, and those of its amendments ratified by 
Turkey; 
(c) "Institute" means the Turkish Patent Institute es­
tablished by Decree-Law No. 544; 
(d) "trademark agents" means the persons entitled to 
represent third parties before the Institute in the assertion 
and protection of the rights provided for in this Decree­
Law. Persons Entitled to Protection 
Art. 3. The protection conferred by this Decree-Law' 
shall be available to natural and legal persons domiciled 
or having industrial or commercial establishments within 
the territory of the Turkish Republic, or to persons hav­
ing application rights deriving from the Paris or Berne 
Conventions or the Agreement Establishing the World 
Trade Organization. 
Natural or legal persons other than those referred to in 
the first paragraph of this Article who are nationals of 
States that accord legal and defacto protection to nation­
als of the Turkish Republic shall enjoy trademark protec­
tion in Turkey according to the principle of reciprocity. 
Priority of International Agreements 
Art. 4. Where the provisions of international agree­
ments that have entered into force as provided in the laws 
of the Turkish Republic offer more favorable conditions 
than this Decree-Law, the persons referred to in Article 2 
may request treatment according to those more favorable 
conditions. 
Section II 
Signs that May Constitute a Trademark and 
Means of Acquiring Trademark Rights 
Signs that May Constitute a Trademark 
Art. 5. Provided that it is capable of distinguishing the 
goods and services of one undertaking from the goods and 
services of other undertakings, a trademark may consist of 
any kind of sign capable of being represented graphically, 
such as words, including personal names, designs, letters 
and numerals, the shape of the goods of their packaging 
and similarly descriptive elements capable of being 
, published and being reproduced by printing. 
A trademark may be registered together with the prod­
uct or the packaging thereof. Registration of the product 
or the packaging alone does not confer exclusive rights, 
however. 
Means of Acquiring Trademark Rights 
Art. 6. Protection for a trademark under this Decree­
Law is obtained by registration. 
Absolute Grounds for Refusal of Trademark 
Registration 
Art. 7. The following signs shall not be registered as 
trademarks: 
(a) signs that do not conform to the provisions of 
Article 5; IP /NIlITVRlT 11 
Page 5 
(b) trademarks identical or confusingly similar to a 
trademark registered or filed for registration earlier in 
respect of an identical or confusingly similar type of 
product or service; 
(c) trademarks consisting exclusively of signs or indi­
cations that serve in trade to indicate the kind, character­
istics, quality, quantity, intended purpose, value or 
geographical origin or to designate the time of production 
of the goods or rendering of the services or other charac­
teristics of the goods or services; 
(d) trademarks consisting exclusively of signs and 
names that are used to distinguish specific groups of 
craftsmen, professionals o,r tradesmen or have become 
customary in the current and established practices of the 
trade; 
(e) signs constituted by the shape of the product, re­
sulting from the nature of the product, necessary to ob­
tain a technical result or giving substantial value to the 
product; 
(f) trademarks that are of such a nature as to deceive 
the public, notably as to the nature, quality, place of pro­
duction or geographical origin of the goods and services; 
(g) trademarks that have not been authorized by 
the competent authorities and are to be refused under 
Article 6ter of the Paris Convention; 
(h) trademarks incorporating badges, emblems or es­
cutcheons other than those covered by Article 6ter of the 
Paris Convention that have not been authorized by the 
competent authorities and are of particular historical and 
cultural interest to the public; 
(i) trademarks that have not been authorized by their 
owners and well-known marks within the meaning of 
Article 6bis of the Paris Convention; 
(j) trademarks that incorporate religious symbols; 
(k) trademarks that are contrary to public policy and 
to accepted principles of morality. 
The provisions of subparagraphs (b), (c) and (d), 
above, may not be invoked to refuse the registration of a 
trademark that has been used before registration and 
through such use has acquired distinctive character in 
relation to the goods and services for which it is to be 
registered. 
Relative Grounds for Refusal 
of Trademark Registration 
Art. 8. On opposition from the proprietor of a trade­
mark registration application or registered trademark, the 
trademark registration applied for shall not be granted 
under the following circumstances: 
(a) if the trademark filed for registration is identical 
to a registered trademark or to a trademark that has an 
earlier application date and the protection is sought for 
identical goods or services; 
( b) if, because of its identicalness or similarity to a 
trademark that has an earlier application date or to a reg­
istered trademark and because of the identicalness or sim-IPINllITUR/T/l 
Page 6 
ilarity of the goods and services covered by the trade­
marks, there exists a risk of confusion on the part of the 
public and that risk of confusion includes the likelihood 
of association with the registered trademark or with the 
trademark that has an earlier application date. 
On opposition from the proprietor of a trademark, a 
trademark shall not be registered where an agent or repre­
sentative of the proprietor of the trademark has applied 
for such registration in his own name without the propri­
etor's consent and without valid justification. 
On opposition from the proprietor of an unregistered 
trademark or of another sign used in the course of trade, the 
tnidemark registration applied for shall not be granted 
where: 
(a) the rights in the sign were acquired prior to the 
date of the trademark registration application, or the 
priority date claimed for the said application; 
(b) the sign confers on its proprietor the right to 
prohibit the use of a subsequent trademark. 
A trademark filed for registration that is identical or 
similar to a registered trademark or to a trademark with 
an earlier application date may be used for different 
goods and services. However, where a registered trade­
mark or a trademark with an earlier application date has a 
reputation, and where the use without due cause of the 
trademark filed for registration would take unfair advan­
tage of or be detrimental to the distinctive character or 
reputation of the registered trademark or of the trademark 
with an earlier application date, on opposition from the 
proprietor of the earlier trademark the trademark applied 
for shall not be registered, even for use in connection 
with goods or services that are not similar to those for 
which the earlier trademark is registered. 
On opposition from the holder of the relevant rights, 
the trademark filed for registration shall not be registered 
if it contains the name or photograph or infringes the copy­
right or any industrial property rights of third parties. 
On opposition, a trademark filed for registration 
that is identical or similar to a collective or guarantee 
mark shall not be registered for three years following the 
expiry date of the collective or guarantee mark. 
A trademark filed for registration that is identical or 
similar to a trademark the registration of which has not 
been renewed, and which is to be registered for identical 
or similar goods and services, on opposition, shall not be 
registered for two years following the expiry date. 
Section III 
Scope of Protection of the Trademark 
Rights Conferred by a Registered Trademark 
Art. 9. The proprietor of a trademark shall be entitled 
to prevent third parties from doing the following without 
his consent: (a) using any sign that is identical to the registered 
trademark in relation to goods or services that are identi­
cal to those for which the trademark is registered; 
(b) using any sign which, because of its identicalness 
or similarity to the registered trademark and the identical­
ness or 'similarity of the goods or services covered by the 
registered trademark and sign, creates a risk of confusion 
on the part of the public, including the risk of association 
between the sign and the trademark; 
(c) using any sign that is identical or similar to the 
registered trademark in relation to goods or services that 
are not similar to those for which the trademark is regis­
tered, but where the use of that sign without due cause 
takes unfair advantage of or is detrimental to the distinc­
tive character or reputation of the registered trademark. 
The following may be prohibited under the first para­
graph above: 
(i) affixing the sign to the goods or to the packaging 
thereof; 
(ii) offering the goods, placing them on the market 
or stocking them for those purposes under the sign, or 
offering or supplying services under it; 
(iii) importing or exporting the goods under the sign; 
(iv) using the sign on business papers and in adver­
tising. 
The rights conferred by a registered trademark shall 
be binding on third parties from the date of publication of 
the registration of the trademark. Compensation may be 
claimed for matters arising after the date of publication of 
a trademark application. However, the rights arising from 
the publication of an application shall be considered in­
cluded among the rights conferred by the publication of 
the registration of the trademark. The court to which the 
case is referred may not rule on the merits of the case 
until the registration has been published. 
Reproduction of the Trademark in Dictionaries 
and Reference Works 
Art. 10. Where a trademark is reproduced in a dictio­
nary, encyclopedia or similar reference work without any 
mention that it is registered, thereby giving the impres­
sion that it is the generic name of the goods or services 
for which the trademark is registered, the publisher shall, 
at the request of the proprietor, correct the fault in the 
next edition. 
Prohibition of the Use of a Trademark Registered 
in the Name of an Agent or Representative 
Art. 11. Where a trademark is registered in the name 
of the agent or representative of the proprietor of the 
trademark without the said proprietor's consent, the pro­
prietor shall be entitled to oppose the use of the trade­
mark unless the agent or representative has valid 
justification. Limits on the Effects of a Registered Trademark 
Art. 12. The proprietor of a trademark may not prevent 
a third party from using, in the course of trade, his own 
name or address, information concerning the kind, quali­
ty, quantity, intended purpose, value, geographical origin 
or time of production of the goods or rendering of the ser­
vices, or other characteristics of the goods or services, 
provided that the use is made in accordance with proper 
practice in industrial or commercial matters. 
Exhaustion of the Rights Conferred 
by a Registered Trademark 
Art. 13. Acts in relation to a product incorporating a 
registered trademark shall not constitute a breach of the 
rights therein where they occur after the product has been 
put on the market in Turkey by the proprietor or with his 
consent. 
The proprietor shall have the right, even where the 
foregoing paragraph applies, to oppose further commer­
cialization of the goods, notably where the condition of 
the goods is changed or impaired after they have been 
placed on the market. 
Section IV 
Use of the Trademark 
Use of the Trademark 
Art. 14. If, within a period of five years following reg­
istration, the trademark has not been put to use without a 
justifiable reason, or if the use thereof has been sus­
pended for an uninterrupted period of five years, the 
trademark shall be invalidated. 
The following shall be understood to constitute use: 
(a) use of the registered trademark in a form differing 
in elements that do not alter the distinctive character 
thereof; 
(b) use of the trademark on goods or their packaging 
solely for export purposes; 
(c) use of the trademark with the consent of the pro­
prietor; 
(d) importation of the goods bearing the trademark. 
Section V 
Legal Transactions Relating to Trademark Rights 
Legal Transactions 
Art. 15. A registered trademark may be transferred to a 
third party, used as security or licensed, and may be 
passed on by inheritance. The relevant provisions of the 
Civil Code shall apply with respect to security rights. IP/N/lITURlTIl 
Page 7 
Inter vivos transactions concerning the registered 
trademark shall be evidenced in writing. 
Transfer of the Trademark 
Art. 16. A registered trademark may be transferred in 
respect of some or all of the goods or services for which it 
is registered. 
Transfer of a whole undertaking, tog((ther with its as­
sets and liabilities, shall, unless provided otherwise, in­
clude the rights in the undertaking's trademarks. This 
provision shall apply to the contractual ob.1igation to 
transfer the undertaking. 
Without prejUdice to the second paragraph above, the 
assignment of a registered trademark shall be evidenced 
in writing and signed by the parties to the contract, ex­
cept when it is the result of a court decision. Contracts 
entered into otherwise shall be considered void. 
Where the nature of the transfer is such as to mislead 
the public concerning the nature, quality or geographical 
origin of the goods or services for which it is registered, 
the Institute shall not register the transfer unless the suc­
cessors agree to limit registration of the trademark to 
goods or services regarding which it is not likely to 
mislead. 
The transfer shall be entered in the Register and pub­
lished at the request of one of the parties. 
As long as the transfer has not been entered in the 
Register, the parties may not invoke the rights arising 
from the registration of the trademark against third 
parties acting in good faith. 
Transfer of a Trademark Registered in the 
Name of an Agent or Representative 
Art. 17. Where a trademark is registered in the name 
of an agent or representative of the proprietor of a trade­
mark without the consent of the said proprietor, the pro­
prietor shall be entitled to demand the assignment of the 
registration to him unless the agent or representative 
justifies his action. 
Using the Trademark as Security 
Art. 18. A registered trademark may be used as securi­
ty independently of the undertaking. 
Use as security shall be recorded in the Register and 
published at the request of one of the parties. 
Attachment 
Art. 19. A registered trademark may be attached inde­
pendently of the undertaking. 
The attachment shall be entered in the Register and 
published. IP /Nil ITURlT 11 
Page 8 
Licensing 
Art. 20. The rights in a registered trademark may be 
licensed in respect of some or all of the goods and servic­
es for which it is registered. 
Licensing Conditions 
Art. 21. A license may be exclusive or non-exclusive. 
Unless otherwise provided in the contract, the license 
shall be understood to be non-exclusive. The licensor 
may use the trademark himself, and may license the same 
trademark to third parties. 
In the case of an exclusive license, the licensor may 
not grant licenses to other parties and may not make use 
of the trademark unless the contract specifically so pro­
vides. 
Unless the contract specifically so provides, the 
licensee may not transfer the rights under the license or 
grant a sublicense. 
Unless otherwise provided in the contract, the licens­
ee shall have exclusive rights in the use of the trademark 
during the period of protection. 
Unless otherwise provided in the contract, the holder 
of an exclusive license may, in the event of infringe­
ment of the trademark rights, institute in his own name 
all legal proceedings available to the proprietor of the 
trademark under this Decree-Law. Holders of non­
exclusive licenses shall not have the right to institute 
legal proceedings. 
In the event of infringement, the holder of a non-ex­
clusive license may serve notice on the proprietor of the 
trademark, through a notary public, to institute such pro­
ceedings as may be required. Should the proprietor of the 
trademark refuse, or within three months of receipt of the 
notice fail, to institute proceedings, the non-exclusive li­
cense holder shall have the right to institute proceedings 
himself. The licensee may, in the face of serious damage 
that will persist with the passage of time, apply to 
the court for the issue of a restraining injunction. The 
licensee who has instituted proceedings shall notify the 
proprietor of the trademark accordingly. 
The proprietor of the trademark shall take the neces­
sary measures to ensure the quality of the products pro­
duced or services rendered by the licensee. 
Where the provisions of the license contract have been 
breached by the licensee, proceedings may be instituted 
to invoke the rights under a registered trademark against 
the said licensee. 
A license shall not be enforceable against third parties 
acting in good faith until it is registered. 
A license contract may not contain provisions con­
trary to this Decree-Law and other related laws, decrees 
and regulations. Such contrary provisions of a license 
contract shall be void even if they conform to legal provi­
sions that have come into force after the signing of the 
contract. Legal Procedures 
Art. 22. Legal procedures relating to the transfer, li­
censing, attachment and use as security of a trademark 
and changes in the proprietorship thereof shall apply also 
to a trademark application. 
PART II 
APPLICATION 
Section I 
Filing of Application 
Filing of Application 
Art. 23. An application for registration of a sign shall 
be filed with the following: 
(a) a request, the form and contents of which shall be 
specified in the Implementing Regulations, including in­
formation identifying the applicant; 
(b) a representation of the trademark suitable for re­
production; 
(c) a list of the goods or services for which the trade­
mark is to be used; 
(d) the original receipt attesting payment of the appli­
cation fees; 
(e) the original receipt attesting payment of the class 
fees; 
(f) the power of attorney if an agent is appointed; 
(g) a signature circular where the applicant is a Legal 
person; 
(h) documents evidencing the applicant's business 
activity. 
The application fee shall be paid at the time of filing 
for the trademark registration application to be valid. 
A separate application shall be filed for each trade­
mark. 
All documents filed with the application for registra­
tion of a trademark or submitted to the Institute later shall 
comply with the Implementing Regulations. 
Classification 
Art. 24. The goods and 'services for which the trade­
mark is to be registered shall be classified according to 
the International Classification of Goods and Services. 
The principles of classification shall be specified in the 
Implementing Regulations. 
Right of Priority 
Art. 25. Natural or legal persons who are nationals of 
any State party to the Paris Convention or, if not nation-als, are domiciled or have an active business in such a 
State shall enjoy a right of priority of six months, counted 
from the date on which a valid application for registration 
of a trademark was filed with the authorized bodies of the 
State concerned, for the filing of an application for a reg­
istration certificate in Turkey in respect of the same 
trademark. Priority rights not exercised within that period 
shall be considered void. 
Where priority is claimed under the first paragraph 
above, all applications filed and registration certificates 
obtained by third parties in respect of trademarks falling 
within the scope of protection shall be declared invalid as 
from the date recognized as giving rise to the right of 
priority. 
If a natural or legal person who is a national of a State 
party to the Paris Convention has filed a valid application 
in a State not party to the Paris Convention, he shall en­
joy the right of priority under this Article in respect of 
that filing. 
Exhibition Priority 
Art. 26. Natural or legal persons within the meaning 
of the first paragraph of Article 3 who have displayed 
the goods or services to which the trademark is affixed 
at national or international exhibitions in Turkey or at 
official or officially recognized national or international 
exhibitions in States party to the Paris Convention may 
claim a right of priority for registration of the trademark 
in Turkey if the application claiming priority is filed 
within six months from the date of the first display of 
the goods. 
If the goods or services to which the trademark is af­
fixed have been displayed at the exhibition before the of­
ficial opening date, the right of priority shall start from 
the date on which the goods or services were first dis­
played at the exhibition. 
The officials of the exhibition held in Turkey shall 
upply evidence specifying the names of the goods or 
types of the services, the date of first display and the offi­
cial opening date on which the goods or services were 
displayed to the public. 
With respect to goods and services displayed in for­
eign countries, the evidence specified in the foregoing 
paragraph shall be supplied by the relevant authorities of 
the State concerned. 
Goods to which the trademark is affixed may not be 
prevented from being displayed at an exhibition in Tur­
key or from being returned to their country of origin after 
the close of the exhibition. 
Where there have been two or more applicants for a 
trademark registered or registration applied for in respect 
of the same goods or services, the applicant who first dis­
played the goods Of services or, if both displayed at the 
same time, the one who files his application first shall 
enjoy the right of priority. IP /NIl ITURlT 11 
Page 9 
Effect of Priority Rights 
Art. 27. The priority rights deriving from Articles 25 
and 26 shall have effect as from the date of the applica­
tion for which the priority is claimed. 
Claiming and Evidencing of Priority 
Art. 28. An applicant wishing to avail himself of his 
priority rights shall file a declaration of priority with his 
application for registration of a sign. If the right of prior­
ity is not substantiated within three months of the filing 
of the application, the declaration of priority shall be con­
sidered invalid. 
Exhibition priority rights granted shall not extend the 
period of priority laid down in Article 25. 
PARTIII 
REGISTRATION PROCEDURES 
Section I 
Examination of the Application 
Examination for Compliance with Filing Conditions 
Art. 29. The Institute shall examine whether the appli­
cation complies with the conditions specified in Arti­
cle 23 and whether there are deficiencies. If it concludes 
that there are no deficiencies, the application shall be ac­
corded as the date of filing the date, hour and minute of 
the original filing of the application with the Institute or 
with the body authorized for the purpose by the Institute. 
If a priority declaration has been filed, the Institute 
shall undertake an examination in accordance with Arti­
cles 25,26 and 27. 
Remedying Deficiencies Regarding 
Compliance With Filing Conditions 
Art. 30. If deficiencies regarding compliance with the 
conditions of Article 23 are noted, the Institute shall re­
quest the applicant to remedy those deficiencies within 
the period specified in the Implementing Regulations. 
The Institute shall refuse an application where the in­
formation identifying the applicant as provided in sub­
paragraph (a) of Article 23 is completely or partly 
lacking, or where any of the documents provided for in 
subparagraphs (b), (c) and (d) has not been supplied. 
If the applicant complies with the Institute's request 
and remedies, within the time specified in the Implement­
ing Regulations, those deficiencies that fall within the 
scope of subparagraphs (e), (f), (g) and (h) of Article 23, 
the Institute shall allow the date on which the deficient 
application was originally filed as the date of filing. IJ>~/l/1rlJFt/1r/l 
J>age 10 
Failure to satisfy the requirement for the claiming of 
priority shall result only in loss of the right of priority for 
the application. 
Examination as to Entitlement 
Art. 31. Applications filed by natural or legal persons 
who are not within the scope of Article 3 shall be refused. 
Examination as to Absolute Grounds for Refusal 
Art. 32. On concluding that there are no deficiencies 
regarding compliance with the conditions of filing, the 
Institute shall examine the application to determine 
whether it is eligible for registration under Article 7 in 
respect of all or some of the goods or services to be regis­
tered. Any application found ineligible shall be refused 
under Article 7 in respect of all or some of those goods or 
services. 
Section II 
Publication of the Application 
Publication of the Application 
Art. 33. An application for registration of a trademark 
that complies with the application conditions and has not 
been refused under Article 29, 30, 31 or 32 shall be pub­
lished in the relevant Bulletin. 
Where an application is refused under any of the Arti­
cles referred to in the foregoing paragraph, after publica­
tion of the application, the decision of refusal shall also 
be published. 
Section III 
Observations by Third Parties 
Observations by Third Parties 
Art. 34. Any natural or legal person or any group rep­
resenting manufacturers, producers, providers of servic­
es, traders or consumers may, following the publication 
of the trademark application, submit written observations 
to the Institute alleging that the trademark does not con­
form to the registration requirements under Article 7 . 
. They shall not be party to the proceedings before the 
Institute, however. 
Opposition 
Art. 35. Notices of opposition to the registration of a 
trademark on the ground that it may not be registered 
under Article 7 or 8, and notices of opposition on the ground that there is evidence of bad faith in the applica­
tion, shall be submitted within three months of the publi­
cation of the application. 
Opposition under the last paragraph of Article 8 .shall 
be refused if the opposing party does Dot use his trade­
mark during the period specified. 
Oppositions shall be submitted in writing and .shall 
contain a statement of grounds. The Institute may request 
the supply of further facts, evidence and documents with­
in the period specified in the Implementing Regulations. 
Where the additional facts, evidence and documents 
requested are not submitted within the period prescribed 
by the Implementing Regulations, the opposition shall be 
deemed not to have been made. 
Examination of the Opposition 
Art. 36. During the examination of the opposition, the 
Institute may, when it deems fit and as often as necessary, 
request the parties to submit observations in writing and 
to communicate observations and objections so submit­
ted to the other parties involved. 
The Institute may, if it sees fit, invite the parties to 
reach an amicable settlement. 
The Institute shall refuse the opposition if it is found 
not to be valid. If the opposition is found to be valid for 
some of the goods or services for which the trademark 
application has been filed, the opposition shall be ac­
cepted in respect of those goods ,or services. 
Section IV 
Procedural Matters Relating to 
Trademark Applications 
Corrections 
Art. 37. At the request of the applicant, corrections to 
spelling errors and to errors in the name and address of 
the applicant that do not cause any change in the goods or 
services or the scope of the application shall be allowed 
during the examination stage. 
Withdrawal 
Art. 38. A trademark application may be withdrawn by 
the applicant before it is registered. 
Section V 
Registration 
Registration 
Art. 39. Where an application filed under this Decree­
Law and the related Regulations has been found to be without defects, where its deficiencies have been reme­
died, where it has received no opposition within the pre­
scribed period or where opposition to it has been refused, 
it shall be entered in the Register. The applicant shall re­
ceive a certificate of trademark registration. 
The Register entry shall include: the date of registra­
tion of the trademark, the representation of the trade­
mark, the application date, the list of the goods or 
services for which the trademark is to be used, the classi­
fication of the goods or services, the name and nationali­
ty of the proprietor of the trademark and the agent's name 
if applicable, the title, address and country of registration 
of the legal person, any changes relating to the trademark 
and to the rights in the trademark and any other particu­
lars specified in the Implementing Regulations. 
The Trademark Registry shall be open to the public. 
Copies of register entries shall be obtainable on request 
and payment of the prescribed fee. 
On registration a trademark shall be published as pro­
vided in the Implementing Regulations together with the 
information contained in the second paragraph above. 
PARTlY 
TERM OF REGISTRATION AND 
RENEWAL OF A TRADEMARK 
Term of Registration 
Art. 40. A trademark shall be registered for a period of 
ten years from the date of filing of the application. Regis­
tration may be renewed for further periods of ten years. 
Renewal 
Art. 41. The registration of a trademark shall be re­
newed, on payment of the renewal fee, at the request of 
the owner of the rights or of the person authorized by 
him. 
The Institute shall inform the owner of the rights of 
the expiry of the registration within the time specified in 
the Implementing Regulations. The Institute shall not be 
liable for failure to give such information. 
The request for renewal shall be submitted and the 
renewal fee paid within six months before the last day 
of the month in which protection ends. Where that time 
limit is not met, the request may be submitted within 
a further period of six months from the day referred 
to in the previous sentence on payment of an additional 
fee. 
Renewal shall take effect on the day following the 
date on which the current registration expires. The re­
newal shall be entered in the Register. 
The provisions of this Decree-Law shall cease to 
have effect on trademarks that have not been renewed 
within the six months following expiry of the term of 
protection. IP/N/lITURlTIl 
Page 11 
PARTY 
INY ALIDITY OF A TRADEMARK AND 
TERMINATION OF TRADEMARK RIGHTS 
Section I 
Invalidity of a Trademark 
Invalidity 
Art. 42. A registered trademark shall be declared in­
valid by the court in the following cases: 
(a) where it is at variance with Article 7 (however, 
actions relating to well-known trademarks within the 
meaning of subparagraph (i) of Article 7 have to be insti­
tuted within five years from the date of registration; 
where there is bad faith the time limit shall not apply); 
(b) where it is at variance with Article 8 (however, 
with regard to proceedings instituted under the last para­
graph of Article 8, if the previous owner of rights has not 
used his trademark during the two years following expiry 
of the term of protection it shall not constitute a reason 
for invalidity); 
(c) where it is at variance with Article 14 (however, 
bona fide use between the date of institution of the pro­
ceedings and the expiry of the five-year period shall not 
constitute a reason for invalidity; if use has been made on 
realization that proceedings are to be instituted, the court 
shall not take into consideration the use made during the 
three months prior to the institution of the proceedings); 
(d) where the trademark has become generic for the 
goods or services through the action of the proprietor of 
the trademark; 
(e) where, as a result of the use made ?y the propri­
etor or by the person authorized by him, there is a likeli­
hood of confusion on the part of the public as to the 
nature, quality, place of production and geographical ori­
gin of the goods or services for which it is registered; 
(f) where it is used in violation of Article 59. 
Where the invalidity relates to only some of the goods 
or services, partial invalidation shall be ordered in re­
spect of those goods or services. 
Where the trademark has acquired distinctive charac­
ter in relation to the goods and services for which it is to 
be registered through use prior to registration, the provi­
sions of subparagraphs (b), (e) and (d) above may not be 
invoked in support of invalidation. 
Application for a Declaration of Invalidity 
Art. 43. Any injured party, the State prosecutor or re­
lated official authorities may apply to the court for inval­
idation. 
Effect of Invalidity 
Art. 44. A final decision declaring invalidity shall have 
retroactive effect. The retroactive effect of invalidity shall IPINI 1 ITURlT/l 
Page 12 
not extend to the following, but without prejudice to com­
pensation claims for damage caused by negligence or lack 
of good faith on the part of the proprietor of the trademark: 
(a) a final decision on infringement of the trademark 
reached and enforced prior to the declaration of invalidity; 
(b) contracts concluded and executed prior to the dec­
laration of invalidity; however, partial or total repayment 
of sums paid under the contract may be claimed, on the 
grounds of equity, to an extent justifiable by the circum­
stances. 
A final declaration of invalidity shall be effective 
against all persons. 
Section II 
Termination of Rights 
Causes of Termination 
Art. 45. The rights in a trademark shall terminate on: 
(a) expiry of the term of protection and failure to re­
new within the prescribed period; 
(b) surrender of his rights by the proprietor of , the 
trademark. 
The termination of the rights in a trademark shall have 
effect from the time at which the cause of the termination 
arose. The termination of the rights in a trademark shall 
be published in the current Bulletin. 
Surrender of Rights 
Art. 46. The proprietor of a trademark may surrender 
his rights in respect of some or all of the goods or ser­
vices for which it is registered. 
The surrender shall be declared in writing to the Insti­
tute. It shall be effective as of the date of the correspond­
ing entry in the Register. 
The proprietor of a trademark may not surrender his 
rights without obtaining the consent of the licensees or 
holders of rights recorded in the Register. 
Where a claim on the rights is made by a third party, 
the surrender of the rights may not be requested without 
the consent of the said third party. 
PART VI 
APPEALS AGAINST DECISIONS 
OF THE INSTITUTE 
Appeals 
Art. 47. Appeals may be lodged against decisions of 
the lnstitute. Where an appeal is lodged against an interim decision, 
a separate appeal shall be allowed on the decision becom­
ing final. 
Persons Entitled to Appeal 
Art. 48. Any party adversely affected by a decision of 
the Institute may appeal. Any other' parties to the pro­
ceedings shall be party to the appeal as of right. 
Form of Appeal 
Art. 49. A notice of appeal shall be filed with the Insti­
tute in writing within two months of the notification of 
the decision. The appeal fee shall be paid on the filing of 
the notice for the appeal to be examined. The grounds for 
appeal shall be submitted in a written statement within 
two months of the notification of the decision. Where the 
statement of the grounds for appeal is not submitted with­
in that period, the appeal shall be deemed not to have 
been filed. 
Rectifying a Decision 
Art. 50. The relevant department of the Institute may 
rectify its decision on finding that the appeal is well­
founded. This shall not apply where the appellant is op­
posed by another party to the proceedings. 
If the appeal is not found acceptable by the relevant 
department, it shall be forwarded by that department to 
the Reexamination and Evaluation Board without any 
comment on its merits. 
Examination of Appeals 
Art. 51. The Reexamination and Evaluation Board 
shall consider the appeal if it is admissible. 
The Reexamination and Evaluation Board shall invite 
the parties to submit, within the period prescribed by the 
Implementing Regulations, their comments on the obser­
vations of the other parties or on its own observations. 
Decision on Appeal 
Art. 52. After the examination, the Reexamination and 
Evaluation Board shall issue its decision. 
Court Actions Against Decisions 
Art. 53. Actions against final decisions of the Re­
examination and Evaluation Board may be instituted with 
the competent court, within two months of notification of 
the said decision, in respect of the appeals provided for in 
Articles 47 to 52 inclusive. PART VII 
GUARANTEE MARKS AND 
COLLECTIVE MARKS 
Guarantee Marks 
Art. 54. A guarantee mark shall, under the control of 
the proprietor of the mark, serve to guarantee the com­
mon characteristics of undertakings and of the production 
methods, geographical signs and quality of those under­
takings. 
Collective Marks 
Art. 55. A collective mark is a mark used by a group of 
undertakings of producers or traders or providers of ser­
vices. 
A collective mark shall serve to distinguish the goods 
and services of the undertakings belonging to the group 
from those of other undertakings. 
Technical Rules Governing Guarantee 
and Collective Marks 
Art. 56. When an application for registration of a 
guarantee or a collective mark is filed, rules governing 
the ways and means of using the mark must also be filed. 
The rules governing the guarantee mark shall contain 
provisions regarding the common characteristics of the 
goods and services under guarantee, procedures for the 
supervision of the use of the mark and the penalties to be 
imposed when necessary. 
The rules governing the collective mark shall specify 
the undertakings authorized to use the mark. Proprietors 
of a collective mark shall act collectively for the registra­
tion of the mark. An application by one of the parties 
shall be sufficient for the renewal of a collective mark. 
Amending the Technical Rules 
Art. 57. Technical rules may not be amended except 
with the approval of the Institute. Any changes to be 
made in the technical rules shall be rejected by the Insti­
tute where they are at variance with the second and third 
paragraphs of Article 56 or contrary to public policy or 
principles of morality. 
Rules Contrary to this Decree-Law 
Art. 58. Where a technical rule does not conform to 
the requirements of Article 56, the Institute shall serve 
notice on the proprietor of the mark to make the neces­
sary changes. Where the proprietor of the mark does not 
make the changes requested and amend the rule accord-IP /NIl ITURlT 11 
Page 13 
ingly, the request for registration of the collective mark 
or guarantee mark shall be rejected. 
Use in Violation of the Technical Rules 
Art. 59. Where the proprietor of a collective or a guar­
antee mark disregards a use of the mark that constitutes a 
violation of the technical rules, and neglects to remedy 
the offense within the time specified by the court in re­
sponse to an action brought by. one of the parties, the 
mark shall be invalidated by the court. 
Transfer and Licensing 
Art. 60. The transfer or licensing of a guarantee mark 
or collective mark shall become valid only on being re­
corded in the Register. 
PART VIII 
INFRINGEMENT OF RIGHTS 
Infringement 
Art. 61. The foUowing shall be considered infringe­
ments of a trademark: 
(a) violations of Article 9; 
(b) the use of an identical or confusingly similar 
trademark without the consent of the proprietor of the 
trademark; 
(c) the sale, distribution, putting to commercial use or 
importation, cir holding for such purposes, of goods bear­
ing a trademark that is known or should be known to be 
an unlawful imitation;· 
(d) the transfer to third parties or broadening of rights 
acquired under a licensing contract; 
(e) participation or assistance in or any form of en­
couragement or promotion of the acts referred to in sub-
paragraphs (a), (b) and (c) above; . 
(f) failure to explain where and how a product bear­
ing the registered trademark or one confusingly similar to 
it was obtained when found to be in possession thereof. 
Art. 61A. -(a) Persons who make false statements 
as to the true identity of the holder of the trademark 
rights, or those who remove without authority the notice 
of trademark rights properly placed on a product or on its 
packaging, or who falsely present themselves as owners 
of the rights in a trademark application or trademark shall 
be sentenced to imprisonment for a term of between one 
and two years and to a fine of between 300 million and 
600 million liras. 
(b) Persons who without authority transfer a trade­
mark, deposit it as security or take any other such action 
with a view to the exercise of any of the rights of transfer, 
or who use it as security, attach it and exercise other such IP/NI 1 ITURJTI 1 
Page 14 
rights provided for in the relevant articles or held under 
license, and those who affix signs on a product produced 
or placed on sale by themselves or by others, or on the 
packaging thereof or in business documents or advertis­
ing material in such a way as to convey the impression 
that a relationship exists with legally protected trademark 
rights, or who to the same end use written matter, signs or 
expressions in advertisements and commercials in the 
published and visual media without being the rightful 
owners of the trademark, or who do the foregoing after 
the expiry of the term of protection or after invalidation 
or termination of the trademark rights, shaH be sentenced 
to imprisonment for a term of between two and three 
years and to a fine of between 600 million and 1 billion 
liras. 
(c) Those who have committed any of the offenses 
specified in Article 61 shaH be sentenced to imprison­
ment for a term of between two and four years and to a 
fine of between 600 million and 1 biHion liras, in addi­
tion to which the judgment shall order the closure of the 
premises of their undertaking for a period of not less than 
one year, during which time they shaH also be prevented 
from practising any commercial activity. 
Where the offenses specified above are committed by 
persons working in the undertaking, either on their own 
initiative or on instructions given them in the course of 
their duties, the staff and the owner or manager or their 
representative or the person holding whatever title who is 
de/acto managing the undertaking who have not prevent­
ed the offense shall be punished in the same manner. 
Where the offenses specified in Article 61 have been 
committed in the performance of tasks on behalf of a le­
gal entity, the legal entity shall also be liable for the 
fines,. expenses and damages in place of the actual per­
sons who have committed the offense. For those assisting 
in the acts, depending on the nature of the action, the pro­
visions of Articles 64, 65, 66 and 67 of the Turkish Penal 
Code shall apply. Prosecution for the offenses specified 
above shall take place on a complaint. 
Subparagraph 8 of paragraph 1 of Article 344 of Crim­
inal Procedure Code No. 1412 shall not apply to the imple­
mentation of this Article. The right of complaint shall 
belong to the person whose trademark rights have been 
infringed, and also to the Institute for all offenses except 
those provided for in Article 61; it shall belong to consum­
er associations and to establishments governed by Law 
No. 5590 or 507 for false statements as to the true identity 
of the holder of the trademark rights, for the affixing of 
signs on a product produced and placed on sale by oneself 
or by others, or on the packaging thereof or in commercial 
documents or advertising material in such a way as to con­
vey the impression that a relationship exists with pro­
tected trademark rights, for the use to the same end of 
written matter, signs or expressions in advertisements and 
commercials in the published and visual media without 
being the rightful owner of the trademark, or for such acts 
performed after the expiry of the term of protection or after 
invalidation or termination of the trademark rights. Proceedings against such offending acts should be ini­
tiated within two years of the date on which the offending 
act and the offender became known. Complaints concern­
ing acts falling within the scope of this provision shall be 
treated as urgent matters. The provisions of Article 36 of 
the Turkish Penal Code and the relevant Articles of the 
Criminal Procedure Code shaH apply to the seizure, con­
fiscation or destruction of the goods, and 'of the equip­
ment and machinery used to produce those goods, in 
relation to which offenses have been committed through 
infringement of the rights arising from a trademark appli­
cation or a protected trademark in accordance with this 
Decree-Law. 
Action by the Proprietor of the Trademark 
Art. 62. The proprietor of a trademark whose rights 
have been infringed may in particular apply to the court 
for the foHowing: 
(a) cessation of the infringing acts; 
(b) remedies for infringement and compensation for 
damages incurred; 
(c) confiscation of the goods, and the equipment and 
machinery used to produce those goods, by which the 
trademark rights have been infringed, such production 
and use being an offense; 
(d) recognition of ownership of the goods confiscated 
under subparagraph (c), above, in which case the value of 
the goods shaH be deducted from the compensation 
awarded; where the value of the goods is found to be 
greater than the compensation value awarded, the propri­
etor of the trademark shall repay the balance to the in­
fringing party; 
(e) enforcement measures to prevent the continued 
infringement of rights, removal of the trademark from the 
goods and from vehicles or, if essential for the prevention 
of the acts of infringement, destruction of the goods and 
vehicles confiscated in particular under subparagraph (c), 
above; 
(/) disclosure of the court judgment to the public and 
to those concerned, the cost thereof to be met by the 
offending party. 
Competent Courts 
Art. 63. The competent court for the institution of civil 
proceedings by the proprietor of a trademark against third 
parties shaH be the court of the domicile of the plaintiff, 
the place in which the act was committed or the place in 
which the act had effect. 
Where the plaintiff is not a citizen of the Republic of 
Turkey, the competent court shaH be that of the domicile 
of the authorized agent entered in the Register or, if the 
agent's registration has been canceHed, that of the domi­
cile of the Institute. The competent court for the institution of proceedings 
by third parties against the proprietor of a trademark shall 
be the court of the domicile of the defendant. If the appli­
cant for or holder of trademark rights is not domiciled in 
Turkey, the provisions of the second paragraph above 
shall apply. 
Where there are several competent courts, the court at , 
which the proceedings are instituted first shall be the 
competent court. 
Compensation 
Art. 64. The person who, without the consent of the 
proprietor of the trademark, produces, sells, distributes or 
puts to commercial use, or imports or keeps in his posses­
sion for those purposes, a product that unlawfully imi­
tates the trademark shall be responsible for remedying the 
megality and compensating for any damage he has 
caused. 
A person who uses an unlawful imitation of a trade­
mark, having been informed of the infringement by the 
proprietor of the trademark and requested to stop the in­
fringement or any other misuse that may exist, shall be 
liable to compensate for the damage he has caused. 
Documents Evidencing Infringement 
Art. 65. The proprietor of a trademark may request 
from the infringing party the documents relating to the 
use of the trademark without his consent, for assessment 
of the injuries suffered as a result of the trademark in­
fringement. 
Non-Realization of Profits 
Art. 66. The injuries suffered by the proprietor of the 
trademark shall include not only the value of the actual 
)SS but also the income not realized owing to the in­
fringement of trademark rights, 
The loss of income shall be calculated according to 
one of the following criteria at the discretion of the pro­
prietor of the trademark who has suffered the injury: 
(a) the potential income that the proprietor of the 
trademark would have realized if there had been no com­
petition from the infringing party; 
(b) the income actually realized by the infringing 
party from the use of the trademark; 
(c) the license fee that would have been paid if the 
party infringing the trademark rights had made use of the 
trademark under a legal licensing contract. The calcula­
tion of the profits not realized shall take into account, in 
particular, the economic value of the trademark, the term 
of protection remaining at the time of infringement, the 
type and number of the licenses outstanding and similar 
factors. IP /N/lITURJT 11 
Page 15 
Increasing the Amount of the Profits Not Realized 
Art. 67. Where the proprietor of the trademark has se­
lected one of the calculation methods specified in sub­
paragraphs (a), (b) and (c) of Article 66, the court may 
add a reasonable additional amount if, in its opinion, the 
trademark contributes substantially to the economic 
value of the product. 
The assessment of the trademark's contribution to the 
economic value of the product shall be based on verifica­
tion that the demand for the product is to a large extent 
due to the trademark. 
Reputation of the Trademark 
Art, 68. The proprietor of a trademark may request 
extra damages for the harm done through the improper 
use of the trademark by the infringing party that was 
detrimental to the reputation of the sign. 
Persons Against Whom Action May Not Be Brought 
Art. 69. The proprietor of a trademark may not insti­
tute proceedings under this Part of this Decree-Law 
against those who have used goods placed on the market 
by a person who has paid compensation to him. This pro­
vision shall not apply if there is evidence of bad faith. 
Time Limits 
Art. 70. The provisions of the Code of Contractual 
Obligations on time limits shall apply to the time limits 
for action against infringements of trademark rights. 
Competent Courts 
Art. 71. Special courts to be established by the Minis­
try of Justice shall have jurisdiction over all actions and 
claims provided for in this Decree-Law. 
The High Council of Judges and Prosecutors shall de­
termine which of the commercial courts of first instance 
and criminal courts of first instance are to be appointed as 
special courts, and shall specify the jurisdiction of each 
on a request from the Ministry of Justice. 
The special courts referred to in the first paragraph 
above shall have jurisdiction over actions brought against 
decisions of the Institute under this Decree-Law and over 
actions brought against the Institute by third parties who 
have suffered from its decisions. 
Publication of Court Decisions 
Art. 72. Where a court judgment has become final, the 
successful party may request the publication in full or in 
summary form of the final judgment in a daily paper, on JP/N/lITURlTIl 
Page 16 
radio or television or by any other medium of communi­
cation, the cost thereof to be met by the other party. 
The nature and extent of the publication shall be spec­
ified in the judgment. The right of publication shall be 
void if not exercised within three months of the judgment 
becoming final. 
Action by the Licensee 
Art. 73. Unless otherwise provided in the contract, the 
holder of an exclusive license may, in the event of in­
fringement of the trademark rights, institute in his own 
name all legal proceedings that have been made available 
to the proprietor of the trademark by this Decree-Law. 
Holders of non-exclusive licenses shall not have the right 
to institute legal proceedings. 
In the event of infringement, the holder of a non-ex­
clusive license may, through a notary public, serve notice 
on the proprietor of the trademark to institute such pro­
ceedings as may be required. 
In the event of the proprietor of the trademark right 
refusing or, within three months of receipt of the afore­
said notice, failing to institute proceedings, the non­
exclusive license holder shall have the right to institute 
proceedings. 
In the event of serious damage that will persist with 
the passage of time, the licensee may apply to the court 
for the issue of a restraining injunction. 
A licensee who has instituted proceedings under the 
third paragraph above shall notify the proprietor of the 
trademark that the proceedings have been instituted. 
Claims of Non-Infringement 
Art. 74. Any interested party may institute proceed­
ings against the proprietor of a trademark to obtain a non­
infringement rUling. 
Prior to the institution of proceedings under the fore­
going paragraph, a notice shall be sent through a notary 
public for the attention of the proprietor of the trademark 
to enable the holder of the trademark rights to express his 
observations on whether the trademark to be used on the 
goods being or to be produced by the requesting party in 
Turkey infringes the said trademark rights. 
Where the proprietor of the trademark, on receiving 
such a notice, does not respond within a month of receipt 
thereof, or where the content of the response is not found 
acceptable by the requesting party, the latter party shall 
have the right to institute proceedings under the first 
paragraph above. 
Persons against whom infringement actions have been 
brought in respect of the trademark rights may not insti­
tute proceedings under the first paragraph above. 
The institution of proceedings shall be communicated 
to all holders of rights who are entered in the Register. 
The actions referred to in this Article may also be in­
stituted in conjunction with an invalidation action. Action to Secure Evidence 
Art. 75. Any person legally entitled to bring action 
under this Decree-Law may request the court to deter­
mine and secure evidence of acts of trademark infringe­
ment. 
Precautionary Measures 
Art. 76. Any person legally entitled to bring action 
under this Decree-Law may request the court to order 
precautionary measures provided that he can prove the 
existence of acts of actual use of the trademark or serious 
preparations for such use that would constitute infringe­
ment. 
The request for precautionary measures may be filed 
before or on the institution of proceedings or later. The 
request for precautionary measures shall be examined 
separately. 
Nature of the Precautionary Measures 
Art. 77. The precautionary measures shall be of such a 
nature as to permit the securing of the judgment, and 
shall in particular provide for the following: 
(a) cessation of acts of infringement of the plaintiff's 
trademark rights; 
(b) seizure within the borders of Turkey, including 2.t 
the customs or in free ports or free trade areas, and the 
holding in custody, of produced or imported goods that 
have infringed the trademark rights; 
(c) provision of security for such damage as may have 
to be compensated. 
Civil Procedure Code 
Art. 78. With respect to other securing actions and 
precautionary measures, the provisions of the Civil Pro­
cedure Code shall apply. 
Seizure at Customs 
Art. 79. The customs authorities shall withhold as 
a precautionary measure, on either exportation or im­
portation, goods that have infringed the rights in a 
trademark. 
Withholding procedures shaH be laid down by legisla­
tion to be enacted for the purpose. 
The withholding measure applied by the customs au­
thorities shaH cease to have effect if proceedings are not 
instituted before the special court or if a restraining in-_ 
junction is not obtained from the court within 10 days of 
the said measure. PART IX 
REPRESENTATION AND AGENTS 
Representation Before the Institute 
Art. 80. Representation before the Institute in trade­
mark matters may only be undertaken by the following: 
(a) natural or legal persons who have filed an applica­
tion; legal persons may only be represented by those duly 
empowered to do so by their authorized bodies; 
(b) trademark agents. 
Persons domiciled outside the country may only be 
represented by trademark agents. 
Where an agent has been appointed, all procedures 
shall be conducted through him. All notices made to the 
agent shall be considered to have been made to his princi­
DaI. 
PART X 
PAYMENT OF FEES AND LEGAL EFFECTS 
Conditions of Payment of Fees and Effects 
Art. 81. The fees prescribed by the Implementing Reg­
ulations for the filing of an application and for a regis­
tered trademark shaII be paid by the applicant, by the 
proprietor of the trademark or by the trademark agent. 
Where the prescribed fees for the registration of a 
trademark have not been paid within the period provided 
for in this Decree-Law, the application for the registra­
tion of the trademark shall be deemed to have been with­
drawn. 
PART XI 
FINAL PROVISIONS 
Provisions Repealed 
Art. 82. Trademark Law No. 551 of March 3, 1995, is 
hereby repealed. IJ>~/1/lllJFl/1l/1 
J>age 17 
TRANSITIONAL PROVISIONS 
1. The provisions of the Law valid on the date of the 
application shaII apply to applications for the registration 
of a trademark filed prior to the entry into force of this 
Decree-Law. 
Without prejudice to all acts of transfer or inheritance 
and licensing contracts concluded and registered prior to 
the entry into force of this Decree-Law, the provisions of 
this Decree-Law shall apply to any f!lrther action or 
changes in relation to such matters. 
2. Those who have actuaIIy made use of their service 
marks may request registration thereof by filing evidence 
of such use within 12 months of the entry into force of 
this Decree-Law. 
The Institute shall examine the requests of service 
mark users after the expiry of 12 months, taking into con­
sideration the date of first use. 
3. For the purposes of this Decree-Law, until the spe­
cial courts are established, at the request of the Ministry 
of Justice, the High Council of Judges and Prosecutors 
shall select, from among the commercial courts of first 
instance and the criminal courts of first instance, those to 
be appointed as special courts, and shall specify the juris­
diction of each. 
Entry Into Force 
Art. 83. This Decree-Law shaII enter into force on the 
day of its publication. 
Execution 
Art. 84. This Decree-Law shall be executed by the 
Council of Ministers. 