Koca & Ersöz Hukuk Bürosu / Anwaltskanzlei

How to Assign a Trademark in Turkey

Assignment of a trademark is a way of transferring the legal ownership from one person to another. This process was considered as a part of a merger & acquisition in the past, however it is possible to assign a trademark independently now. There are three ways to assign a trademark: as a part of the merger & acquisition process, by court decisions, and by a commercial contract.

Turkish Code on Industrial Property No: 6769 and Procedural Act No:566 regulate the assignment procedure. Accordingly, the trademark holder is authorized to assign the trademark partially or completely. However, if the trademark is registered in only one class, it shall be transferred entirely. In case which the assignment made by contract, it must be in writing. Besides, approval by a notary is substantial. Even though registration of the assignment is not mandatory, it is beneficial for the parties considering that they may face with third party’s objections. The reason here is that the law protects third party’s objections in good faith.

The parties may prefer a brief assignment contract which encloses only the essential information such as identities of the parties, the assignment fee, the trademark’s registration or application number, and the list of the goods and services only if the assignment is partial. After the contract is signed and approved by the notary, the parties should register the assignment contract to the Office. The relevant fee is determined by the Office, which is 665 Turkish Liras in 2021.

Transferring the trademark may be a risk considering that the consumers may confuse about the goods & services and relevant company. Therefore, Procedural Act No: 566 restraints such registrations that may cause unfair competition or confusion. According to these limitations, if the prospective registration may mislead consumers about the origin, and quality of the goods & services, the Office has a right to request the limitation of the goods & services.

To conclude, a trademark has always been an important asset as distinctive representative of particular goods & services in the market. Assignment of a trademark contains transferring the current and future consumers as well as the share in the market. Therefore, the trademark holder should consider all the aspects of an assignment before signing a contract.

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