Turkey: Plain packaging: an overview

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Turkey: Plain packaging: an overview

Plain packaging has become a hot topic in Turkey as controlling the consumption of tobacco has been one of the top priorities of the Turkish government. The government has adopted the 2015-2018 National Programme and Action Plan for Tobacco Control, which stipulates the implementation of necessary provisions related to plain packaging into the relevant legislation.

The Ministry of Health added a provision in relation to standardised packaging to the draft omnibus bill in 2016. However, the Ministry later announced the removal of the provision based on the reason that it has been adopted by Australia only, the efficiency of this measure is debatable and there is a possibility of facing lawsuits by tobacco companies based on the international trade laws as reported by the Turkish media. Although there is no legislation introduced by the government so far, considering the new announcements made by the Minister of Health, plain packaging is expected to be adopted, in the light of the decisions of some countries which adopted laws with such provisions and studies proving the efficiency of the measure.

Beside the uncertainty about whether plain packaging will be adopted, several arguments have been raised on how it will affect the trade mark law. Proponents of plain packaging could argue that the removal of colourful elements from tobacco packs due to standardised packaging is compatible with Article 5/1 (f) of the Turkish Industrial Property Code, which stipulates that signs that are capable of misleading the public about the nature, quality and geographical origin of the goods and services cannot be registered, since those colourful signs – especially the ones in light colours – can be deceptive and create an impression that a particular tobacco is less hazardous than others.

On the other hand, it could be also argued that plain packaging jeopardises the function of trade marks of indicating the origin of goods and prevents the customers from making choices by distinguishing the goods of one company from the goods of other companies, which is the fundamental function of a trade mark. It might be also asserted that standardising the appearance of the tobacco packs and limiting the use of trade marks only to standard texts risks brand image. In addition to these, although it is stated that trade marks can still be registered despite the plain packaging implementations, opponents could argue that standardised packaging annihilates the right of the owners to enjoy and use their trade marks in the form they are registered. Considering the Turkish government's determination to prevent prevalence of tobacco consumption, it is likely that Turkey will soon introduce plain packaging as a tool to control tobacco use. However, the effect of this measure to the trade mark law seems to continue to be a hot topic for discussion in Turkey in the coming years.

Uğur Aktekin

Mutlu Yıldırım Köse

Gün + Partners

Kore Şehitleri Cad. 17

Zincirlikuyu 34394

İstanbul, Turkey

Tel: + (90) (212) 354 00 00

Fax: + (90) (212) 274 20 95

gun@gun.av.tr

gun.av.tr

more from across site and SHARED ros bottom lb

More from across our site

Nick Aries and Elizabeth Louca at Bird & Bird unpick the legal questions raised by a very public social media spat concerning the ‘Brooklyn Beckham’ trademark
Michael Conway, who joined Birketts after nearly two decades at an IP boutique, says he was intrigued by the challenge of joining a general practice firm
The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Gift this article