Trademark Coexistence Agreement in Turkey: When and How to Use It

A trademark coexistence agreement in Turkey is a private contract in which two businesses that own similar or identical marks agree on how each will use its brand so the two can operate side by side without conflict. If your application has been refused because of an earlier mark, or if a competitor is blocking you at TÜRKPATENT, this kind of agreement can be the practical way through.

The short answer: you use a trademark coexistence agreement in Turkey when two parties can live with each other’s marks under agreed limits, and you put it in writing to define those limits, avoid future disputes, and, where needed, support a letter of consent at TÜRKPATENT. Done well, it lets both brands survive; done badly, it stores up trouble.

What Is a Trademark Coexistence Agreement in Turkey?

A trademark coexistence agreement in Turkey is a contract between two rights holders who accept that their similar marks can exist together under defined conditions. Instead of fighting over who owns the space, the parties agree on boundaries: which goods and services each covers, which regions or channels each uses, and how each will present its brand to keep the two apart in the eyes of consumers.

These agreements are grounded in freedom of contract under Turkish law and interact with the Industrial Property Code No. 6769, which governs trademark rights in the country. The Code recognises that an earlier right holder can consent to the registration of a later, similar mark. A coexistence agreement is the fuller, negotiated version of that idea, setting out not just a one-off consent but an ongoing framework for how the two brands behave.

Coexistence agreement or consent letter?

People often mix the two up. A trademark letter of consent Turkey applicants rely on is a focused document, usually addressed to TÜRKPATENT, in which the earlier owner agrees that a specific later application may be registered. A coexistence agreement is broader: it is a two-way contract that can include a consent, plus usage rules, geographic splits, quality expectations and dispute steps.

When to Use a Trademark Coexistence Agreement in Turkey

You should consider a trademark coexistence agreement in Turkey whenever two parties own confusingly similar marks but neither wants, or can win, an all-out fight over them. The agreement turns a potential conflict into a managed relationship. Several situations call for it.

• Your application is refused over an earlier mark. TÜRKPATENT has cited a similar prior registration, and the earlier owner is willing to let you proceed within limits.
• Two genuine businesses grew in parallel. Each built a similar name honestly, often in different sectors or regions, and both have real goodwill worth keeping.
• You are entering Türkiye from abroad. A local mark resembles yours, and coexistence is faster and cheaper than trying to remove it.
• A dispute is heading nowhere useful. An opposition or cancellation would be costly and uncertain, and a negotiated split serves both sides better.

Knowing when to use a trademark coexistence agreement is largely about honestly assessing the risk of confusion. If the marks and the markets are far enough apart that consumers will not be misled, a clear agreement can protect both brands. If the overlap is severe and confusion is almost guaranteed, no contract will fully cure that, and TÜRKPATENT may still hesitate.

Coexistence Agreement vs Letter of Consent at TÜRKPATENT

A letter of consent TÜRKPATENT accepts is narrower than a full coexistence agreement, though the two are closely linked. Under the Industrial Property Code No. 6769, a later application that is identical or similar to an earlier registered mark can still proceed if the earlier owner files a notarised consent. That single document can unlock a refusal. A coexistence agreement is the wider commercial deal that often sits behind such a consent.

The two documents differ on five points that matter in practice:

• Main purpose: a letter of consent overcomes a specific refusal at TÜRKPATENT, while a coexistence agreement governs how both brands coexist over the long term.
• Parties: a consent is usually one-way, with the earlier owner consenting, whereas a coexistence agreement is two-way, with mutual obligations on both sides.
• Scope: a consent covers a single application or registration, while a coexistence agreement can cover several marks, goods, regions and sales channels.
• Form: a consent is a notarised statement in a set format, while a coexistence agreement is a negotiated contract with many tailored clauses.
• Dispute steps: a consent rarely includes them, while a coexistence agreement often sets out escalation, review and notice terms.

In practice the two work together. The coexistence agreement records the commercial understanding, and a letter of consent TÜRKPATENT can act on is drawn from it and filed to clear the register. The consent form itself must meet the office’s requirements, so it should be prepared with a registered trademark and patent attorney (marka ve patent vekili).

How to Draft a Trademark Coexistence Agreement

To draft a trademark coexistence agreement, you start by defining exactly which marks and which goods and services each party controls, then set the rules that keep the two apart. A vague agreement is worse than none, because it invites the very disputes it was meant to prevent. The drafting work is where the value sits.

A sound approach on how to draft a trademark coexistence agreement usually follows these stages:

1. Identify each mark precisely, with application or registration numbers and the classes involved.
2. Map the actual and planned use of each party: sectors, products, regions and sales channels.
3. Agree the fields of use, so each side stays in its lane and confusion is minimised.
4. Set presentation rules, such as logos, colours, added words or house marks that keep the brands distinct.
5. Decide whether a letter of consent will be filed at TÜRKPATENT and in what form.
6. Add review, notice and dispute steps for when circumstances change.

Because these agreements bind both parties for years, the language must be exact. In our practice before TÜRKPATENT, coexistence terms that spell out goods, territories and presentation in concrete detail hold up far better than broad promises to avoid confusion.

Key Clauses in a Coexistence Agreement

The most important clauses in a trademark coexistence agreement in Turkey are the ones that define scope and prevent overlap. Every deal is different, but strong agreements tend to share a common backbone. When you learn how to draft a trademark coexistence agreement, you are really learning which clauses carry the weight.

• Defined marks and goods: a clear list of each party’s marks, classes and covered goods or services.
• Fields and territory of use: the sectors, product lines and regions each party may operate in.
• Presentation and distinguishing features: rules on logos, styling and additional wording that keep the marks apart.
• Consent to registration: a commitment to provide a trademark letter of consent Turkey authorities accept, where filings are involved.
• Non-challenge and no-expansion terms: promises not to oppose each other’s agreed marks or to drift into the other’s field.
• Assignment and successors: whether the terms bind future owners if either brand is sold.
• Duration, review and dispute resolution: how long the deal lasts and what happens if something goes wrong.

How TÜRKPATENT Treats a Letter of Consent

TÜRKPATENT accepts a letter of consent as a way to register a later mark that would otherwise be refused for similarity to an earlier one. Under the Industrial Property Code No. 6769, the office will not reject an identical or similar later application on the earlier owner’s relative ground if a proper notarised consent is filed. This gives coexistence real, practical force at the registration stage.

There are limits. The consent must be in the form the office requires, usually notarised and specific to the application in question. The office still guards the public interest, so a consent does not force registration where the marks are so close that consumers would be seriously misled. A letter of consent TÜRKPATENT can rely on removes the earlier-owner objection, but it does not switch off the office’s own examination entirely. This is one more reason to have the consent, and the coexistence agreement behind it, prepared professionally.

Risks and Limits of a Coexistence Agreement

The main risk of a trademark coexistence agreement in Turkey is that it locks you into limits that no longer suit your business as it grows. What feels comfortable when two brands are small can become a cage when one wants to expand into the other’s territory or classes. Read every restriction as if you will want to break it in five years.

Other limits are worth weighing before you sign. A coexistence agreement binds only the parties, so it may not stop a third party from claiming confusion later. If both brands drift closer over time, consumers can still be confused despite the paperwork, which can weaken both marks. And because the deal often includes a non-challenge promise, you may give up the right to attack the other mark even if your position later strengthens. A registered trademark and patent attorney can help you weigh these trade-offs before they become problems.

How Leo Patent Can Help

We help foreign and Turkish clients decide when to use a trademark coexistence agreement, negotiate its terms, and put it into effect at TÜRKPATENT. Working from Istanbul, we run the clearance searches that reveal conflicts early, advise on whether coexistence or a challenge serves you better, draft the agreement and the matching consent, and file everything as your authorised representative before TÜRKPATENT. We handle the full trademark lifecycle, from application and prosecution to renewals and oppositions.

If a similar mark stands between you and registration, a well-drafted trademark coexistence agreement in Turkey may be the cleanest path forward. Because official fees, forms and rules change, confirm the current requirements with a trademark and patent attorney before you commit, and treat any figure here as accurate only as of the time this article is written.

Frequently Asked Questions

What is a trademark coexistence agreement in Turkey?

A trademark coexistence agreement in Turkey is a contract between two owners of similar marks that sets out how each may use its brand so the two can operate together without confusion. It usually defines goods, territories and presentation, and can support a letter of consent at TÜRKPATENT.

When should I use a trademark coexistence agreement?

You should use one when two similar marks can realistically coexist under agreed limits, for example after a refusal over an earlier mark or when two honest businesses grew in parallel. Knowing when to use a trademark coexistence agreement depends on how far apart the marks and markets truly are.

Is a coexistence agreement the same as a letter of consent?

No. A trademark letter of consent Turkey applicants file is a focused document that lets one specific application register, while a coexistence agreement is a broader two-way contract covering ongoing use. The consent is often drawn from the wider agreement.

Does TÜRKPATENT accept a letter of consent?

Yes. Under the Industrial Property Code No. 6769, a letter of consent TÜRKPATENT accepts can let a later similar mark register despite the earlier owner’s objection, provided the consent meets the required notarised form and the marks are not so close that consumers would be seriously misled.

How do I draft a trademark coexistence agreement?

To draft a trademark coexistence agreement, define each party’s marks and classes precisely, map their real use, agree fields and territories, set presentation rules, and add consent, review and dispute clauses. Precise, concrete terms hold up much better than vague promises to avoid confusion.

Can a coexistence agreement be changed later?

It can, but only if both parties agree, so build in review and notice clauses from the start. Because these agreements can bind you for years, plan for future growth before you sign rather than hoping to renegotiate under pressure.

Do I need to be in Türkiye to sign one?

No. A registered trademark and patent attorney (marka ve patent vekili) can act as your authorised representative before TÜRKPATENT and handle the negotiation, drafting and filing on your behalf from Istanbul.

Does a coexistence agreement guarantee my mark will register?

No. A coexistence agreement and a matching consent remove the earlier owner’s objection, but TÜRKPATENT still examines the application, and a very high risk of consumer confusion can still stand in the way. Professional drafting improves the odds considerably.

About Leo Patent

Leo Patent is a leading trademark and patent attorney firm (marka ve patent vekili) serving foreign and Turkish clients across Türkiye. The firm is registered before the Turkish Patent and Trademark Office (TÜRKPATENT) and the Istanbul Chamber of Commerce (registration no. 308755-5), and handles trademark, patent, design and other intellectual property registrations in Türkiye and internationally.

This article was prepared under the supervision of Burak Ünal, general manager of Leo Patent, registered trademark attorney (TÜRKPATENT reg. no. 2900) and registered patent attorney (TÜRKPATENT reg. no. 1677). He holds a Business Management degree from Boğaziçi University (2016) and an MSc in Finance from the London School of Economics, which he attended as a Chevening Scholar; he is also a congress member of Galatasaray Sports Club. He advises clients in Turkish, English, French and Chinese. In Türkiye, trademark and patent attorneys are a regulated profession separate from lawyers: Burak Ünal is not a lawyer, and Leo Patent does not provide lawyer services or court representation.

Need help with a trademark or patent in Türkiye? Contact Leo Patent for a consultation: www.leopatent.com · [email protected] · WhatsApp +90 532 689 48 18.

Disclaimer: Leo Patent is a trademark and patent attorney firm (marka ve patent vekili) and is not a law firm; it does not provide lawyer services, legal advice or court representation. This article is for general informational purposes only and you are strongly advised to consult a qualified professional to evaluate your personal situation. No liability is accepted that may arise from the use of the information in this article.