Trademark Assignment

What Is Trademark Assignment?

It is the transfer of all or part of the goods or services for which a trademark is registered to another person or company.

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Trademark Assignment

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Trademark Name

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What Is Trademark Assignment?

Trademark assignment is the permanent transfer of ownership of a registered trademark or application to another natural or legal person. It may cover all of the goods and services for which the mark is registered, or only some of them. Under the Industrial Property Law the assignment agreement must be in writing and notarised to be valid, and it must be recorded in the TÜRKPATENT register to take effect against third parties.

How the Process Runs

  1. Preliminary check. The register is reviewed for any pledge, attachment or licence recorded against the mark.
  2. Agreement. The assignment agreement is drawn up between the parties and notarised.
  3. Request. The notarised agreement and request form are submitted to TÜRKPATENT.
  4. Examination. The Office checks for missing documents and allows time to complete them.
  5. Recordal. The assignment is entered in the register and published in the Bulletin. From that point it is effective against third parties.

Assignment Versus Licence

In an assignment, ownership changes hands permanently and the assignor loses all rights in the mark. In a licence, ownership stays with the proprietor and only a right of use is granted, limited by term, territory and scope. Franchise and dealership structures generally use licences; company sales and mergers use assignments.

Frequently Asked Questions

Yes. The Industrial Property Law requires the agreement to be in writing and notarised as a condition of validity. An unnotarised agreement is void.

Yes. An application can be assigned like a registered mark. The transfer is recorded on the file and registration is granted directly in the assignee’s name.

Yes, partial assignment is possible. Care must be taken that the assigned and retained goods or services do not create a likelihood of confusion among consumers.

Between the parties, on notarisation. To be enforceable against third parties it must be recorded in the TÜRKPATENT register, so recordal should never be skipped.

No. The protection term is tied to the original filing date and is unaffected by the assignment. Renewal remains due on the same schedule — now the new owner’s responsibility.
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