Parallel Imports in Turkey: Trademark Exhaustion Explained

Parallel imports in Turkey are genuine, branded goods that reach the market through a channel the trademark owner did not authorise, and whether they are lawful turns on one rule: trademark exhaustion. The short answer is that once genuine goods carrying a trademark are put on the market in Turkey by the owner or with the owner’s consent, the owner can no longer use the trademark to block their further resale inside Turkey. The harder questions, especially where goods were first sold abroad, are where most disputes over parallel imports in Turkey begin.

This guide explains how trademark exhaustion in Turkey works under the Industrial Property Code No. 6769, when grey market goods Turkey buyers see are allowed, when they are not, and what a brand owner can realistically do. If you own a trademark or import branded stock, understanding the exhaustion rule is the difference between a defensible business and an expensive surprise.

What Are Parallel Imports in Turkey?

Parallel imports in Turkey are original products, made or authorised by the brand owner, that are imported and sold by someone outside the owner’s official distribution network. The goods are authentic. Nobody copied the logo or faked the packaging. What is unofficial is the route: the importer bought genuine stock in one country, often where prices are lower, and brought it to Turkey to resell alongside, or in parallel to, the authorised distributor. That parallel channel is why the phrase grey market goods Turkey is used so often, and why buyers ask whether the practice is allowed at all.

These goods are not counterfeit. Counterfeiting means fake products that imitate a registered trademark without permission, and that is always an infringement. Parallel imports sit in a different category, because the item itself is real. The question is not authenticity but whether the trademark right has been used up, or exhausted, by the first authorised sale.

What Is Trademark Exhaustion in Turkey?

Trademark exhaustion in Turkey is the principle that a trademark owner’s control over a specific physical product ends once that product is first sold with the owner’s consent. Article 152 of the Industrial Property Code No. 6769 sets this out: the rights conferred by a trademark do not extend to acts concerning goods that the owner has put on the market, or that have been put on the market with the owner’s consent. In plain terms, the owner is paid once, on the first sale, and cannot keep charging or keep controlling that same item every time it changes hands afterwards.

The idea balances two interests. A trademark protects the brand and its reputation, but it is not meant to give the owner a permanent veto over ordinary resale and free trade. Exhaustion draws the line. It lets a shop resell branded stock it bought legitimately, and it stops the owner from using the trademark as a tool to control resale prices or partition markets. Understanding the international exhaustion of trademark rights, and how far Turkey applies it, is the key to reading any parallel import question correctly.

National or International Exhaustion: Why It Matters

The scope of exhaustion decides whether parallel imports in Turkey are lawful. There are two models, and the difference is the whole argument.

• National exhaustion means the right is exhausted only when the goods are first put on the market inside Turkey. Under this reading, goods first sold abroad and then imported have not triggered exhaustion in Turkey, so the owner can object to their import.
• International exhaustion means the right is exhausted wherever in the world the goods were first sold with the owner’s consent. Under this reading, a genuine product first sold in another country can be imported into Turkey freely, because the owner already had the benefit of the first sale.

The wording of Article 152 refers to goods put on the market in Turkey, which points toward a national model. At the same time, the interpretation of the exhaustion of trademark rights in Turkey has developed over time, and outcomes can depend on the specific facts, the product, and how the first sale was structured. Because this is a moving area, the practical exhaustion position that applies to your goods should be confirmed with a trademark attorney before you build a business around it. This is not a detail to assume.

Are Parallel Imports Legal in Turkey?

Whether parallel imports are legal in Turkey depends on where and how the genuine goods were first sold and on the condition they are in when resold. There is no single yes or no. A useful way to think about it is to ask three questions in order: were the goods genuine, were they first put on the market with the owner’s consent, and have they been changed since then.

If the goods are genuine and were first sold with the owner’s consent in a way that exhausts the right in Turkey, the owner generally cannot use the trademark to stop their resale here. If the exhaustion condition is not met, for example because the model was made only for another region and never authorised for the Turkish market, the owner may have grounds to object. And even where exhaustion applies, it can fall away if the goods have been altered. So the answer to are parallel imports legal in Turkey is: often yes for genuine, unchanged stock, but not automatically, and never if the product has been tampered with.

When Exhaustion Does Not Apply

The Code lets the owner oppose further dealing where there are legitimate reasons, in particular where the condition of the goods has changed or been impaired after they were put on the market. Repackaging, relabelling, removing batch codes, breaking a set, or altering the product can all give the owner a genuine basis to object, because the trademark’s guarantee of origin and quality is affected. In our practice before TÜRKPATENT, brand owners who document how their products differ from the imported version are in a far stronger position than those who simply dislike the competition.

Parallel Imports Versus Counterfeit Goods

The most common confusion is treating grey market goods Turkey importers bring in as if they were fakes. They are not the same, and the difference changes everything about the owner’s options. It helps to compare them point by point.

• Product authenticity. Parallel imports are genuine, made or authorised by the owner. Counterfeits are fake and imitate the brand without permission.
• Use of the trademark. Parallel imports carry a real trademark on a real product. Counterfeits carry an unauthorised copy of the mark.
• The core issue. With parallel imports, the question is whether the right was exhausted. With counterfeits, it is a clear infringement that is always unlawful.
• The owner’s usual response. Parallel imports call for an exhaustion analysis first. Counterfeits call for enforcement and anti-counterfeiting action.

Because counterfeits are always an infringement, a brand owner can act against them directly. Parallel imports need the exhaustion analysis first. Trying to treat one as the other is a frequent and costly mistake on both sides.

What Trademark Owners Can Do

A trademark owner facing parallel imports in Turkey has practical options, none of which depend on treating genuine goods as fakes. The first step is a clear assessment of whether the exhaustion condition is actually met for the specific goods in question.

• Assess the exhaustion position. Establish where the goods were first sold, with what consent, and whether they were authorised for the Turkish market. This is where the national and international exhaustion of trademark rights question is decided in practice.
• Check the condition of the goods. Where imported items have been repackaged, relabelled, or otherwise changed, the owner may have a legitimate reason to object even if the goods started out genuine.
• Use customs recordation. Recording a registered trademark with the Turkish customs authorities helps flag suspicious shipments at the border, which is most useful against counterfeits but can support a wider enforcement strategy.
• Structure distribution carefully. Clear contracts with authorised distributors, region-specific product coding, and consistent packaging make it easier to show when goods fall outside the authorised channel.

A registered trademark is the foundation for all of this. Without a valid registration before TÜRKPATENT, there is little to enforce. This is one reason we advise brand owners entering the Turkish market to register early and keep the registration current.

What Importers and Retailers Should Check

If you import or resell branded stock, the same rules protect you when you get them right. Before you commit to a shipment, work through a short checklist.

• Confirm the goods are genuine. Document their authenticity and keep proof of where and how you bought them.
• Keep the original condition. Do not repackage, relabel, or remove codes. That is exactly what can turn a lawful resale into an objectionable one.
• Watch the high-risk cases. Region-locked models, warranty differences, and products never intended for the Turkish market are where the exhaustion of trademark rights in Turkey is most likely to be contested.

When the value at stake is significant, a short review with a trademark attorney before importing is far cheaper than a dispute afterwards.

Frequently Asked Questions

Are parallel imports legal in Turkey?

Parallel imports are legal in Turkey when the goods are genuine, were first put on the market with the trademark owner’s consent in a way that exhausts the right, and have not been altered since. If the exhaustion condition is not met or the goods have been changed, the owner may have grounds to object. The answer depends on the specific facts, so confirm your situation with a trademark attorney.

What is trademark exhaustion in Turkey?

Trademark exhaustion in Turkey is the rule, set out in Article 152 of the Industrial Property Code No. 6769, that a trademark owner’s control over a specific product ends once that product is first sold with the owner’s consent. After that first sale, the owner cannot use the trademark to block the normal resale of that same item.

Are parallel imports the same as counterfeit goods?

No. Parallel imports are genuine products sold through an unauthorised channel, while counterfeits are fake products that imitate a trademark without permission. Counterfeiting is always an infringement, whereas parallel imports require an exhaustion analysis to decide whether they are lawful.

Does Turkey apply national or international exhaustion?

The wording of Article 152 refers to goods put on the market in Turkey, which points toward national exhaustion, but the interpretation of the international exhaustion of trademark rights in this context has developed over time and can depend on the facts. Because the position can be nuanced, confirm how it applies to your goods with a trademark attorney before relying on it.

Can a brand owner stop grey market goods in Turkey?

A brand owner can act against grey market goods Turkey importers bring in where the exhaustion condition is not met or where the goods have been repackaged, relabelled, or otherwise changed. Where the goods are genuine and unchanged and the right has been exhausted, the owner generally cannot use the trademark to block their resale.

Why does the condition of the goods matter?

The condition of the goods matters because a trademark guarantees origin and consistent quality. If imported goods have been altered, repackaged, or stripped of codes, the owner can have a legitimate reason to object even when the products were genuine at first sale, because the guarantee the trademark stands for is affected.

Do I need a registered trademark to deal with parallel imports?

Yes, a valid trademark registration before TÜRKPATENT is the foundation for any action on parallel imports in Turkey. Without a registration there is no trademark right to exhaust or to enforce, which is why brand owners entering the Turkish market are advised to register early and keep the registration current.

Should I get advice before importing branded goods?

Yes, a short review before importing is strongly advisable when the value is significant. Confirming that the goods are genuine, documenting the purchase, keeping the original packaging, and checking the exhaustion position with a trademark attorney can prevent a costly dispute later.

Summary and Next Steps

Parallel imports in Turkey are a question of exhaustion, not authenticity. Once genuine goods are first sold with the trademark owner’s consent in a way that exhausts the right, the owner generally cannot use the trademark to block their resale, but the position changes when goods were made only for other markets or have been altered after sale. Getting the exhaustion analysis right, keeping goods in original condition, and holding a current trademark registration are what protect owners, importers and retailers alike. All figures, rules and interpretations described here are as of the time this article is written, and IP rules can change, so confirm the current position with a qualified trademark attorney. 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.