Trademark Licensing in Türkiye: Terms That Matter

Licensing lets a proprietor monetise a mark without transferring ownership. Franchise systems, manufacturing arrangements and regional distributorships are, legally, trademark licences.

Exclusive or non-exclusive

Unless the agreement says otherwise, a licence is treated as non-exclusive: the proprietor may keep using the mark and may license others. An exclusive licence bars both, unless the proprietor expressly reserves its own use, and is normally balanced by limiting territory, term or specification.

Quality control is not optional

A mark guarantees origin and quality to the consumer. If a licensee ships poor goods, the damage is to the mark itself — and a mark that becomes misleading is exposed to cancellation. Standards, sample approval, audit rights and termination for breach belong in the text.

Recordal

A licence is created by contract but cannot be asserted against good-faith third parties unless recorded with the Office. Recordal determines what happens to the licence if the mark is assigned and what the licensee can do against infringers.

Clauses that decide disputes

• Scope: registration number, goods and services, territory.
• Term, renewal, grounds for termination and post-termination sell-off period.
• Royalty structure, minimum guarantees and reporting.
• Quality standards and audit rights.
• Sub-licensing and assignability.
• Who may sue infringers, and how costs and damages are shared.
• Post-termination: cessation of use, removal of signage, transfer of domains and social accounts.

See also our article on assignments and our licensing service.

General information only, not legal advice.