Marka Koruma

Customs IP applications in Türkiye and the EU

Compare Türkiye’s FSMH procedure and the EU electronic Application for Action, with a practical evidence checklist.

Türkiye’s electronic FSMH request under Article 57 of the Customs Law and the EU Application for Action (AFA) are separate administrative procedures. In Türkiye, the rights holder or representative prepares proof of rights and authority in the format required by the current application. The Ministry’s scope guidance distinguishes parallel trade from the protection at issue. A different distribution channel does not by itself establish counterfeiting.

For EU customs action, use an electronic AFA under Regulation (EU) No 608/2013. The Commission identifies IPEP and the national portals of Germany and Spain. Check whether a national or Union application fits the right and countries concerned. A Turkish filing does not replace an EU application. Record the portal used for amendments and extensions.

Prepare evidence of entitlement and representation, model and packaging versions, validated comparison samples, reachable primary and backup contacts and case references. Keep sensitive authentication data in restricted channels. On notification, record scope, triggering event and deadline, then arrange any inspection through the authorised channel. Monitoring can support the file. Approval of an application establishes neither infringement nor automatic destruction.

Official sources

Starting trademark protection at Turkish customs

B10 Digital Agency

Customs IP applications in Türkiye and the EU