Franchising in Türkiye: Getting the Trademark Side Right First

A franchise looks like a business model; legally it is the licensing of a package of rights, with the trademark at its centre. The franchisee is buying the right to use your mark, identity and system, so the robustness of the network depends directly on the robustness of the portfolio.

Before the contract

• Is the mark registered at all? Licensing an unregistered mark leaves both sides exposed.
• Do the classes match the business? A restaurant chain needs food and beverage services, not only food products.
• Are word mark, logo, slogan, domains and social accounts held by one entity?
• For international franchising, are foreign registrations already in place?

Trademark clauses that matter

• Scope: registration number, goods and services, territory and term.
• Exclusivity within the territory, and whether the franchisor may open its own outlets there.
• Brand guidelines attached as an annex.
• Quality standards, audit rights and consequences of non-compliance.
• Prohibition on sub-licensing and on registering the mark.
• Ownership of local adaptations developed by the franchisee.
• Post-termination: cessation of use, removal of signage, transfer of digital assets.

Why quality control is a legal requirement

A mark guarantees origin and quality. Turkish law treats a mark that has become misleading through use by or with the consent of the proprietor as liable to cancellation — so an unsupervised franchise network is, over time, a route to losing the mark itself.

See our articles on licensing and cancellation, or contact us.

General information only, not legal advice.