A geographical indication (coğrafi işaret) is a sign used on products that have a specific geographical origin and possess qualities, reputation, or other characteristics essentially attributable to that place of origin. Unlike a trademark — which belongs to a company — a geographical indication is a collective right: it belongs to all producers in the relevant region who meet the defined quality standards.
Two Types of Geographical Indication
Turkish law, under the Industrial Property Law No. 6769, distinguishes between two forms:
Designation of Origin (Menşe Adı)
The stricter category. All of the product’s qualities and characteristics must be essentially or exclusively due to the geographical environment — including natural and human factors. Critically, all stages of production (extraction, processing, preparation) must take place within the defined geographical area.
Example: a cheese whose taste depends entirely on the local milk, water, and traditional production methods, all carried out within the region.
Geographical Indication (Mahreç İşareti)
A less restrictive category. At least one quality, reputation, or characteristic of the product must be attributable to its geographical origin. At least one stage of production must occur within the geographical area — but not necessarily all stages.
Example: a textile product woven in a particular region, even if the raw material comes from elsewhere.
Who Can Apply?
Applications for geographical indication registration can be filed by:
- Producer associations or cooperatives
- Chambers of commerce, industry, or agriculture
- Municipalities
- Public institutions
- Any group of two or more producers from the relevant area
Individuals cannot apply for geographical indication registration — the right is inherently collective.
The Registration Process at TÜRKPATENT
- Application: submitted to TÜRKPATENT with a product specification defining the product, its characteristics, the geographical area, and the production method
- Examination: TÜRKPATENT reviews whether the eligibility criteria are met
- Publication: the application is published in the Official Geographical Indications Bulletin (Resmi Coğrafi İşaretler Bülteni)
- Opposition period: third parties have six months from publication to oppose the registration
- Registration: if no successful opposition, the geographical indication is registered
A key difference from trademark registration: geographical indication protection is indefinite. There is no renewal requirement. As long as the products continue to qualify and meet the specification, the protection continues.
Use Rights and Obligations
Once a geographical indication is registered, all producers within the geographical area who meet the quality standards and comply with the product specification are entitled to use the indication. No single producer can monopolise it.
Registered users are subject to inspection and monitoring against the product specification. Non-compliance — producing goods that do not meet the defined standards while using the protected name — can result in removal from the list of authorised users.
Enforcement Against Unauthorised Use
Using a registered geographical indication without authorisation — applying it to products that do not originate from the region or do not meet the specification — constitutes infringement. Available remedies include:
- Civil injunction: court order to stop the unauthorised use
- Damages: compensation for harm caused by the infringement
- Seizure: of infringing goods and labelling materials
- Criminal complaint: under the Industrial Property Law
Frequently Asked Questions
Is Turkey’s Antep pistachio a geographical indication? Yes. Antep fıstığı (Gaziantep pistachio) is one of Turkey’s most prominent registered geographical indications. Products using the name must originate from the Gaziantep region and meet the defined quality standards.
Can a foreign country register a geographical indication in Turkey? Yes, subject to reciprocity. Where the product is already registered as a geographical indication in its country of origin and Turkey has relevant international obligations, the foreign geographical indication can be registered in Turkey. The EU–Turkey Customs Union and bilateral agreements facilitate a number of such registrations.
Does my company need to register separately to use a geographical indication? If the geographical indication is already registered and your products genuinely originate from the region and meet the specification, you have the right to use it as a qualifying producer. However, you should typically be listed with the relevant producer association or oversight body. The specific requirements depend on the product specification for each registered indication.
What is the difference between a geographical indication and a trademark? The fundamental difference is ownership: a trademark belongs to a specific company, while a geographical indication belongs to all qualifying producers in the region. A company cannot trademark a geographical indication and thereby exclude other regional producers from using the name.