What is a trademark infringement analysis?

Trademark infringement, referred to in the law as an infringement of trademark rights, is the commercial use of your registered trademark, or of a sign similar enough to be confused with it, without your permission. The use may appear on products and packaging, on signage, in advertising, in a domain name, in a keyword or in a trade name. In a trademark infringement analysis, Kupon Patent compares the signs and the goods or services, documents the extent of the use and sets out in writing which steps make sense for you.

What do we examine in an infringement analysis?

• Identical or similar sign: We compare the sign being used with your trademark.
• Likelihood of confusion: We weigh visual, phonetic and conceptual similarity.
• Similarity of goods and services: We check for overlap with the scope of your registration.
• Internet and marketplaces: We scan listings, social media, domain names and ads.
• Trade name and business name: We examine use as a trade name or on signage.
• Evidence and dated records: We compile dated evidence showing the use.

How do we proceed?

We present the findings, the evidence and the recommended steps in a single report.

• Rights and use assessment: We examine the scope of your registration and the suspected use together with the registry records.
• Gathering evidence: We organise evidence such as screenshots, listings, invoices and samples, with dates.
• Infringement assessment: We assess the likelihood of confusion, possible defences and prior rights.
• Cease-and-desist option: Where appropriate, we prepare a draft cease-and-desist letter to the other party to stop the use.
• Legal action plan: We assess evidence preservation, interim injunction, civil and criminal routes in cooperation with a lawyer.

Civil and criminal routes in trademark infringement

Which route is appropriate is determined case by case, in cooperation with a lawyer.

• Civil action
• A declaration, prevention and cessation of the infringement may be requested.
• Compensation for material and non-material damage may be claimed.
• An interim injunction may be requested before or during the proceedings.

• Criminal route
• Infringement by counterfeiting or by creating confusion is defined as a criminal offence.
• Investigation and prosecution depend on a complaint by the trademark owner.
• For criminal proceedings, the trademark must be registered in Türkiye.

Do not miss the time limits in trademark infringement

Claims for compensation based on trademark infringement are subject to the limitation provisions of the Turkish Code of Obligations. As a general rule, the claim must be brought within two years of learning of the damage and the person responsible, and in any event within ten years of the act. In the criminal route, the complaint must be filed within six months of the day on which the act and the offender become known. We therefore recommend recording the evidence as soon as you notice the infringement and speaking with us without delay.

Who is a trademark infringement analysis suitable for?

• Manufacturer brands whose products are being copied
• Sellers who encounter counterfeit products on marketplaces
• Owners whose trademark is used in a domain name or in advertising
• Businesses facing a competitor with a similar trade name
• Trademark owners whose licence limits have been exceeded
• Businesses that have received a cease-and-desist letter alleging infringement