Trademark Infringement on Turkish Marketplaces: How Takedowns Work

When counterfeits carrying your brand appear on a Turkish marketplace, there is a fast route that runs before any litigation. Amendments to E-Commerce Law No. 6563, in force since 1 January 2023, allow IP right holders to complain directly to the platform. Once a compliant complaint is received, the intermediary must remove the listing within forty-eight hours and notify both the seller and the right holder.

Where and how to file

The law recognises three channels: the platform’s own internal complaint system, a notary public, or registered electronic mail (KEP). The dedicated brand portals operated by the large marketplaces are fastest; notary and KEP channels leave a stronger evidentiary record if the dispute escalates. For serious or repeated infringement, use both.

What the complaint file must contain

• Proof of ownership — a trademark registration valid in Türkiye. Without a Turkish registration this mechanism is very difficult to invoke.
• Concrete identification of the infringement — listing URL, seller name, dated screenshots, product and packaging images.
• An explanation of why it infringes: which element is used without authorisation, and what shows the goods are not genuine or the seller is not authorised.
• A statement as to the accuracy of the complaint and service details for the right holder or its attorney.

After the 48 hours

The listing is removed and both parties are notified. The seller may object, showing that the goods are genuine or that it is authorised to use the mark; if the objection succeeds, the listing can be restored. A well-constructed complaint is what keeps the matter closed in the first round.

A takedown stops the sale but does not award damages, does not always reveal who the seller is, and does not prevent the same goods reappearing under another account. For systematic infringement it is the opening move, not the destination.

When takedowns are not enough

• Evidence preservation and preliminary injunctions — digital evidence disappears quickly, so securing it early matters.
• Infringement action for a declaration, cessation and damages, including lost profits and damage to reputation.
• Criminal complaint: infringement of a registered mark by producing, offering or selling goods carries imprisonment and a judicial fine under Article 30. The offence is prosecuted on complaint, so deadlines matter.
• Customs recordal, which stops counterfeits before they ever reach the market.

Not every marketplace dispute is a counterfeit

Unauthorised sellers attaching themselves to your product page, copying your product photography and descriptions, or bidding on your brand name as a search keyword can all give rise to claims — combining trademark infringement, unfair competition and copyright.

A caution on unfounded complaints

The mechanism is powerful and therefore open to abuse. Taking down a listing that does not in fact infringe can expose you to a damages claim for lost sales. Note in particular that, under exhaustion of rights, the resale of genuine goods lawfully placed on the market cannot as a rule be prevented.

Not registered in Türkiye yet? Start with trademark registration, or read our overview of anti-counterfeiting options.

This article is general information and not legal advice. Individual marketplaces apply their own complaint procedures in addition to the statutory framework.