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Before registering a trademark in Türkiye, it is crucial to consider both the Intellectual Property Law ("IPL") and sector-specific regulations that may limit trademark use. Relying only on trademark availability searches under the IPL might result in obtaining a registration that does not infringe but is unusable in the alcohol sector. Conversely, focusing only on regulatory requirements without IP clearance can lead to using a mark that may be infringing.
Especially in sectors such as alcohol and tobacco, where regulations impose strict limitations to branding, advertising, and product presentation, adopting a holistic strategy early on is crucial. This means evaluating both legal registrability and regulatory usability to avoid costly conflicts and market withdrawal.
Brand Stretching and Use Restrictions
According to Turkish law, the use of trademarks or distinctive signs of alcoholic beverages on non-alcoholic or unrelated products is strictly prohibited. This rule is enforced by the Tobacco and Alcohol Authority ("Authority") to prevent the indirect promotion of alcoholic beverages.
The regulation prohibits:
- The use of alcoholic beverage brands, emblems, logos or similar distinctive signs on non-alcoholic goods, and vice versa.
- Packaging, designs or marketing elements that create visual or conceptual associations between alcoholic and non-alcoholic products.
- Any promotional or commercial relationship between parties producing both types of products.
All persons and companies involved in production, import, distribution and retailing are responsible. The goal is to minimize indirect exposure to alcohol marketing and reduce public health risks.
The Authority strictly enforces these rules. In two decisions dated 2015, it ruled that alcoholic beverage trademarks could not be used if registered at a later date than non-alcoholic trademarks with the same name. Companies were required to withdraw such products from sale or face administrative fines. Likewise, if the alcoholic trademark was registered first, subsequent use on non-alcoholic products was prohibited.1
Therefore, when filing trademarks for alcoholic beverages, it is advisable to conduct comprehensive clearance searches across all classes, not just those covering alcoholic goods (e.g., Class 33). This would ensure minimizing the risk of registering an unusable trademark due to overlapping non-alcoholic products in other classes.
Marketing Alcohol Under Strict Advertising Bans
In Türkiye, the law strictly prohibits all forms of advertisement and promotion of alcoholic beverages. This prohibition covers all forms of media and public communication, including:
- Television, radio, cinema, printed press, digital and social media, and outdoor advertisements
- Product placements and sponsorships
- Campaigns, promotions, or events encouraging consumption or sales
Alcohol producers, importers and marketers may not advertise their products to consumers under any circumstances. They cannot sponsor events using alcoholic product names, logos or emblems either. The only exceptions are licensed premises where alcohol is consumed on-site, which are permitted to display brands or logos on service materials.
In audiovisual media such as TV series, films and music videos, alcoholic beverages or images that could promote their consumption must be avoided. Similarly, companies cannot distribute free samples, gifts or promotional items related to alcohol.
These strict restrictions create a tension between legal compliance and brand visibility. Because direct advertising is prohibited, alcohol companies have been adopting creative yet legally sensitive strategies for brand recognition.
A common method is to use alternative trademarks or sub-brands that imitate the design, colours or tone of the main brand, but without making any explicit references. This type of indirect branding aims to evoke the original brand in consumers' minds while avoiding the overt advertisement of alcohol.
However, such strategies carry risks. The Advertising Board has many decisions in which it ruled that indirect references may be considered covert advertising if consumers can associate them with an alcoholic product. Alternative branding is only compliant with the law when it has no direct or contextual connection to alcohol; for example, slogans that are purely aesthetic or lifestyle-related and are not connected to specific beverages.
A review of previous decisions by the Board show that they have a zero-tolerance stance on any form of alcohol advertising or indirect brand reference. Even implied associations through colours, stylization or slogans may result in sanctions being issued. Alternative trademarks are only lawful if they are completely disconnected from alcohol marketing and campaigns that use contextual cues such as events, social media tags or lifestyle messaging are often deemed to be covert advertising. The Board interprets the law broadly, prioritising public health over freedom of commercial expression. However, in rare cases, the Board recognises that if an association with an alcoholic product cannot be reasonably established, it may be permitted.
Branding and marketing of alcohol in Türkiye is regulated within an exceptionally strict legal framework. Both trademark registration and product promotion are subject to overlapping restrictions from intellectual property and public health regulations. While companies may use alternative elements to build brand recognition without showing alcohol or linking it directly to alcohol promotion, any perceived association with alcoholic beverages can result in severe administrative penalties. Therefore, success in this market requires strategic foresight, legal diligence and responsible branding, carefully balancing creativity with full compliance. Taking a comprehensive and well-informed approach to trademark selection and marketing is the best way to safeguard against regulatory risks.
Footnote
1. Council of State Court 10th Chamber File no. 2017/2882 Decision no. 2020/2220 dated 23.6.2020 and Council of State Court 13th Chamber File no. 2021/64 Decision no. 2023/6463 dated 28.12.2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
