⌗ sector-cases
An Unregistered Trademark Is Property Without an Owner — Case Study of a Kayseri SME
A furniture manufacturer in Mimarsinan OSB used its mark for 12 years without registering. In 2021 a competitor's application stopped it. After 18 months of defence, prior-use right was preserved — but the process need never have happened.
"An unregistered trademark is property without an owner. We protect the manufacturer's labour — that is why we are here." — Salih Aksebzeci
This is a case study. The client's name is not disclosed; but the process described demonstrates concretely the legal and economic cost of unregistered trademark use.
The events
A furniture manufacturer operating in the Mimarsinan Organised Industrial Zone since 2009 had given a distinctive name to its bedroom collection. The name was used in marketing, trade fairs, the website, invoicing — everywhere — for 12 years. It was never registered.
In 2021 an İstanbul-based furniture company filed an application at TÜRKPATENT for the same name. When the application was published in the bulletin, our client learned of it. The other side had begun sweeping the market; letters were being sent to wholesale channels saying "this trademark now belongs to us."
The client was not working with us at the time; they came to us after this event.
Legal framework
SMK 6769 art. 6/3 — "prior-use right" — provides: where a trademark has been used "in good faith" and "continuously" without an earlier registration, that use creates a limited right.
Under the Court of Cassation 11th Civil Chamber's settled case law, recognition of this right requires the following evidence:
- Historical proof of use (invoices, catalogues, fair records)
- Continuity of use (no interruption)
- Commercial nature of the use (for branding purposes)
- A clearly defined geographic scope
Process
At Asil we collected the client's 12 years of use documentation: invoices, fair participation records, web-archive snapshots (Wayback Machine), old catalogues, social-media history.
We filed our YİDK opposition petition. The initial YİDK decision was unfavourable — "register evidence" carried more weight. We filed suit in the Ankara Administrative Court; 18 months later the court recognised the prior-use right. The client's unregistered use was preserved; the competitor's registration was partially invalidated.
Cost
| Item | Estimated cost |
|---|---|
| Asil defence process (18 months, YİDK + administrative court) | 6-figure (₺) |
| Court fees, court-appointed expert, travel | 5-figure |
| Lost revenue during 18 months of restricted market entry | 7-figure |
| Customer and market trust — psychological cost | Cannot be quantified |
Had registration been filed in 2009: TÜRKPATENT 2009 fees + 1-year process + registration certificate. Total at the time: roughly ₺5,000.
The lesson
Prior-use right is a defence argument, not a guarantee of rights. The Court of Cassation does not deliver the same outcome in every file; evidence, sector, consumer attention level vary case by case. A registered trademark is a clear right; unregistered use is always under risk.
Salih Bey's note
"We won this client's case but we lost 18 months. Had it been registered, the action would have ended within a week in our favour: a preliminary injunction would have stopped the competitor and the client's market entry would not have been blocked. 'An unregistered trademark is property without an owner' — I repeat this sentence because every case confirms it."
Next steps
If your mark has been in use for 5+ years but is not registered — file today. Each day that passes amplifies the risk.
Trademark Pre-Search → · Fee Calculator → · Speak to an attorney on WhatsApp →
Sources
- SMK No. 6769 art. 6/3 (prior use)
- Court of Cassation 11th Civil Chamber prior-use case law
Author: Salih Aksebzeci · TÜRKPATENT Agent Registry No. 188 · Published: 2026-05-07