Assigning a Turkish Trademark: Form, Recordal and Pitfalls

A trademark is an asset that can be sold, pledged and inherited. Turkish law imposes two distinct formalities on an assignment, and they serve different purposes.

Notarisation for validity

Transactions concerning industrial property rights must be in writing, and the validity of a trademark assignment depends on the agreement being notarised. This is a validity requirement, not an evidentiary preference: a privately signed assignment does not achieve the intended effect.

Recordal for effect against third parties

Notarisation makes the assignment valid between the parties; recordal with the Office makes it enforceable against third parties. Without recordal, official notices still reach the former owner, the new owner struggles to prove title in infringement proceedings, and a further transfer by the former owner to a good-faith purchaser creates a serious conflict.

Partial assignment

A mark may be assigned for all or part of its goods and services. The hidden risk is confusion: two owners of the same sign operating in adjacent fields will generate disputes, so a co-existence clause belongs in the agreement.

Due diligence before buying

• Is the assignor the recorded owner, and are earlier assignments, pledges or attachments reflected in the register?
• When does protection expire, and who bears the renewal cost?
• Has the mark been used? A mark unused for five years is exposed to cancellation.
• Are there pending oppositions, invalidity or cancellation actions?
• Are foreign registrations included? A Turkish assignment does not cover them automatically.

See also our article on licence agreements and our assignment and licensing service.

General information only, not legal advice. Official fees are revised annually.