Non-Traditional Trademarks in Turkey: Color, Sound and Shape Marks

Non-traditional trademarks in Turkey are protectable, and a single color, a jingle or the three-dimensional shape of a product can all be registered as a trademark before the Turkish Patent and Trademark Office (TÜRKPATENT). The core rule is simple: the sign must be capable of distinguishing your goods or services from everyone else’s, and it must be shown clearly and precisely on the register. This guide explains how non-traditional trademarks in Turkey work, what color, sound and shape marks require, and how the application actually runs.

Most brands start with a word or a logo. But the sign that customers remember is often something else, the shade of a package, a short audio signature, the silhouette of a bottle. Turkish law lets you protect these, provided you meet a higher bar for distinctiveness than a normal word mark faces.

What Are Non-Traditional Trademarks in Turkey?

Non-traditional trademarks in Turkey are marks that protect something other than a standard word or figurative logo, such as a color, a sound, a three-dimensional shape, a position, a pattern or a motion. Turkish law does not use a closed list. Under the Industrial Property Code No. 6769, any sign can be a trademark if it distinguishes the goods or services of one undertaking from those of another and can be represented on the register in a way that lets authorities and the public determine the clear and precise subject of protection.

That second condition matters most for these marks. A word is easy to write down. A shade of green or a two-second sound needs a representation that leaves no room for doubt about what, exactly, is protected. This is where color trademark registration in Turkey and sound and shape marks in Turkey demand more preparation than an ordinary filing.

The Legal Basis: Industrial Property Code No. 6769

The legal basis for non-traditional trademarks in Turkey is the Industrial Property Code No. 6769, which entered into force in 2017 and governs trademark, patent, design and geographical-indication rights. The Code deliberately dropped the older requirement that a mark be shown “graphically”, opening the door to sound files and other formats that suit modern signs. TÜRKPATENT examines applications, and appeals within the office go to the Re-examination and Evaluation Board.

Two hurdles decide most of these cases. The first is distinctiveness: the sign must actually function as a badge of origin, not as a decorative or functional feature buyers see as ordinary. The second is the representation requirement: your filing must define the mark precisely. For authoritative detail you can consult TÜRKPATENT (turkpatent.gov.tr) and, for the international picture, WIPO (wipo.int) and the EUIPO (euipo.europa.eu), which apply comparable standards.

Color Trademark Registration in Turkey

Color trademark registration in Turkey is possible for a single color or a defined color combination, but a single color is one of the hardest marks to register. The reason is that consumers do not usually see a plain color as a brand. They see it as decoration. To overcome this, you almost always need to prove acquired distinctiveness, meaning the color has come to identify your goods through long and heavy use.

How to register a color trademark in Turkey

To register a color trademark in Turkey, you file the mark with a precise color reference rather than a loose description. In practice this means citing an internationally recognised color code, for example a Pantone or similar reference, so the exact shade is fixed on the register. A vague claim to “blue” will not do. If you are protecting a combination, describe how the colors are arranged, in what proportion and where they appear on the product.

Knowing how to register a color trademark in Turkey also means gathering evidence early. Sales figures, advertising spend, market surveys and the length of use all help show that the color signals your brand. In our practice before TÜRKPATENT, color applications supported by a clear evidence file from the start move far more smoothly than those that try to add proof after an objection lands.

Sound and Shape Marks in Turkey

Sound and shape marks in Turkey protect audio signatures and three-dimensional product or packaging shapes, and each has its own representation rule. A sound mark can be a short melody, a jingle or a distinctive noise linked to your brand. Because the Code no longer insists on graphic representation, you can generally file an audio file (such as an MP3) that reproduces the sound exactly, which is clearer than musical notation alone.

Shape marks and the functionality bar

Shape marks protect the form of a product or its packaging, but a shape cannot be registered if it results only from the nature of the goods, is necessary to obtain a technical result, or gives the goods substantial value. This functionality exclusion stops one company from using trademark law to monopolise a useful shape forever. So the bottle silhouette that is purely decorative may qualify, while a shape dictated entirely by how the product works will not. Sound and shape marks in Turkey therefore succeed most often when the feature is arbitrary rather than practical.

Proving Distinctiveness and Acquired Distinctiveness

Distinctiveness is the single biggest reason non-traditional applications succeed or fail, so build your evidence before you file. Some signs are “inherently” distinctive, meaning buyers see them as a brand straight away, but a single color or a plain shape rarely is. For those, you rely on acquired distinctiveness: proof that, through use, the public now links the sign to you.

Useful evidence typically includes:

• Length and geographic scope of use in Turkey.
• Sales volumes and market share tied to the sign.
• Advertising and promotion showing the color, sound or shape used consistently.
• Independent consumer surveys, where available, showing recognition.
• Media coverage and third-party references to the feature as your brand.

The stronger and more consistent this file, the better your odds. A non-traditional trademark application at TÜRKPATENT that arrives with organised proof of recognition is far more persuasive than one that simply asserts the sign is distinctive.

Comparing the Main Non-Traditional Mark Types

The main non-traditional marks differ in what they protect, how you represent them and how hard they are to register. Treat the difficulty below as a general guide, not a guarantee.

• Single color. Protects one specific shade used on goods. You represent it with a precise color code, for example a Pantone reference. This is the hardest type and usually needs acquired distinctiveness.
• Color combination. Protects two or more colors in a set arrangement. You represent it with the color codes plus a description of the layout. Difficulty is medium to high.
• Sound. Protects a melody, jingle or distinctive noise. You represent it with an audio file that reproduces the sound. Difficulty is medium.
• Shape (three-dimensional). Protects a product or packaging form. You represent it with clear views or images of the shape. Difficulty is medium to high, and the functionality bar applies.

The Non-Traditional Trademark Application at TÜRKPATENT, Step by Step

A non-traditional trademark application at TÜRKPATENT follows the same procedural spine as any trademark filing, with extra care at the representation and evidence stages. The main steps are:

1. Clearance search. Check for earlier identical or similar marks in the relevant classes so you do not file into a conflict.
2. Prepare the representation. Fix the exact color code, audio file or shape views, and draft the description that defines the subject of protection.
3. Assemble distinctiveness evidence. Build the acquired-distinctiveness file where the sign is not inherently distinctive.
4. File with TÜRKPATENT. Submit the application with the correct Nice classes and official fee.
5. Examination. TÜRKPATENT reviews absolute grounds, including distinctiveness and, for shapes, functionality.
6. Publication and opposition. Accepted marks are published in the Official Trademark Bulletin, and third parties have a window to oppose.
7. Registration. If no opposition succeeds, the mark registers and protection runs for ten years, renewable.

A non-traditional trademark application at TÜRKPATENT that stumbles usually does so at step two or three, so those stages deserve the most attention. Foreign applicants without an address in Türkiye must act through a registered trademark and patent attorney (marka ve patent vekili), who files and prosecutes the application on their behalf under a power of attorney.

Costs and Timeline for Non-Traditional Trademarks in Turkey

The timeline for non-traditional trademarks in Turkey usually runs from several months to over a year, depending on examination and any opposition. Straightforward cases can finish within roughly six to twelve months, while a color or shape mark that draws a distinctiveness objection can take longer. Official TÜRKPATENT fees apply per class and change periodically, so treat any figure as approximate: fees, timelines and eligibility rules are as of the time this article is written, and you should confirm current details with a trademark and patent attorney, because IP rules and official fees change.

Budget for two cost layers: the official fees paid to TÜRKPATENT, and the professional fees for search, representation, evidence and prosecution. For non-traditional marks the second layer tends to be larger than for a plain word mark, because the representation and evidence work is heavier.

Frequently Asked Questions

Can you register a single color as a trademark in Turkey?

Yes, you can register a single color as a trademark in Turkey, but it is difficult. You normally must prove acquired distinctiveness, showing that the public already identifies that exact shade with your goods, and you must file it with a precise color code rather than a general description.

Are non-traditional trademarks in Turkey recognised by law?

Non-traditional trademarks in Turkey are recognised under the Industrial Property Code No. 6769, which allows any distinctive sign that can be represented clearly on the register, including colors, sounds and three-dimensional shapes.

How do you register a color trademark in Turkey?

To register a color trademark in Turkey, you file the sign with an internationally recognised color code, describe any combination and arrangement, and submit evidence that the color has become distinctive through use. A registered trademark and patent attorney prepares the representation and the evidence file.

What makes shape marks fail examination?

Shape marks fail most often because of the functionality exclusion. A shape that results only from the nature of the goods, is necessary for a technical result, or gives the goods substantial value cannot be registered, even if it is distinctive.

How are sound marks filed in Turkey?

Sound marks are filed with an audio file that reproduces the sound precisely, since the Code no longer requires graphic representation. This makes sound and shape marks in Turkey easier to represent than they were under the older graphical rule.

How long does a non-traditional trademark application at TÜRKPATENT take?

A non-traditional trademark application at TÜRKPATENT usually takes several months to over a year. Simple cases may finish in around six to twelve months, while distinctiveness or opposition disputes extend the timeline.

Do foreign companies need a representative to file?

Foreign applicants without a Turkish address must file through a registered trademark and patent attorney (marka ve patent vekili). The attorney acts under a power of attorney and manages search, filing, examination and any opposition.

How long does protection last?

A registered trademark in Turkey, traditional or non-traditional, is protected for ten years from the filing date and can be renewed for further ten-year periods without limit, as long as renewal fees are paid on time.

Non-traditional trademarks in Turkey give brands a way to protect the color, sound or shape that customers actually recognise, but they demand precise representation and, in most cases, solid proof of distinctiveness. Get those two elements right and a color, sound or shape mark can become one of your most valuable assets. If you are weighing a color trademark registration in Turkey or a sound or shape filing, Leo Patent in Istanbul can assess the sign, run the clearance search and manage the whole process before TÜRKPATENT. Contact us for more information.

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.