CONSUMER PRODUCTS AND E-COMMERCE

Trademark Protection Against Counterfeits: Registration, Customs and Online Marketplaces

As Türkiye combines a strong consumer market with a developed manufacturing base, well-known consumer brands frequently encounter counterfeit products. A counterfeit does not merely mean lost sales; complaints and consumer claims caused by a poor-quality counterfeit are often associated with the name of the genuine brand.

Experience shows that the effectiveness of action against counterfeits depends on the steps taken before an infringement occurs. The following sections outline the main tools available to brands that sell in Türkiye or have their products manufactured there.

The starting point: a registration valid in Türkiye

Trademark protection in Türkiye is, as a rule, based on registration. A mark can be registered directly in Türkiye or Türkiye can be designated in an international registration; in either case, the goods and services covered by the registration are decisive. It is frequently found that a mark was registered years ago with a narrow list of goods and that product lines developed later fall outside its protection.

Where there is no registration or its scope is insufficient, it is possible to rely on the reputation of the mark or on opposition routes against bad-faith applications, but these routes take longer and are harder to prove. Reviewing the trademark portfolio with regard to Türkiye is therefore the first step in combating counterfeits when sales or production in Türkiye are planned.

Protection at customs

A significant share of counterfeit goods is either imported into or exported from Türkiye. The trademark owner may apply to the customs administration for the suspension of customs procedures for goods suspected of infringing its mark. Once the application is accepted, the customs administration identifies suspicious shipments, notifies the trademark owner and temporarily suspends the release of the goods.

Two conditions are important for this mechanism to be effective. First, the information provided to the customs administration must be detailed enough to distinguish the genuine product from the counterfeit. Second, the necessary legal steps must be taken within the short time limits that apply after the suspension. Under the general procedure, an interim injunction must be obtained from the court, failing which the goods are released; where the conditions are met, however, the simplified destruction procedure may be used without waiting for a court decision. It is therefore advisable to plan the legal route to be followed when filing the customs application.

Marketplaces and online sales

The sale of counterfeits is increasingly shifting online and to marketplaces. Turkish e-commerce legislation allows right holders to notify intermediary service providers of unlawful products and requires marketplaces to remove the product upon such notification. Major marketplaces also have their own notification procedures for trademark owners.

This route is fast, but it often removes only the listing; the seller may relist the same product under another account shortly afterwards. In cases of repeated infringement, the information obtained through notifications must therefore be recorded regularly in a form that can support civil and criminal proceedings.

Civil and criminal remedies

In the event of trademark infringement, the trademark owner may seek a declaration that the infringement exists, an order to stop it and damages; it may also request the seizure of the counterfeit goods and the means used to produce them. An interim injunction may also be requested to prevent the infringement from continuing during the proceedings. Since certain acts infringing a registered trademark may also constitute criminal offences, search and seizure orders obtained through the public prosecutor also come into consideration, particularly for counterfeit goods held in bulk in warehouses or at production sites.

Which route to choose depends on the scale of the infringement and the objective pursued. Rather than scattered actions against individual sellers, targeting the source of the infringement, namely the points of production and distribution, often produces more lasting results.

A separate risk for brands manufacturing in Türkiye

For brands that have their products made in Türkiye by contract manufacturers, the counterfeit risk arises in a different form. Overruns or products that have failed quality control being put on the market by the manufacturer is a common problem in practice. This risk should be limited from the outset in the manufacturing agreement through provisions on ownership of moulds and labels, reporting of production volumes, destruction of defective products and audit rights.

Conclusion

Combating counterfeits in Türkiye starts with a trademark registration of the right scope and becomes effective through the combined use of customs, marketplace and court tools. Planning the customs application together with the court stage, recording marketplace notifications regularly and structuring manufacturing agreements in Türkiye with the counterfeit risk in mind are the basic steps for protecting the value of a brand in Türkiye. General questions on trademark registration and intellectual property are addressed on the page of the relevant practice area.