Legal Framework for Trademark Assignment in Turkey

TSerkanBudak
Jul 21
6 min read

Updated: Jul 23

(Pursuant to Article 148 of the Industrial Property Code No. 6769)

This article aims to provide a structured overview of the legal framework and procedural requirements governing trademark assignment in Turkey. The applicable legislation is the Industrial Property Code No. 6769 (“Code”), which came into force in 2017 and TÜRKPATENT is the competent authority for trademark registration under the Code.

Before examining the subject in detail, it is helpful to briefly outline the structure of the legislation governing industrial property rights in Turkey. The primary source of law is the Industrial Property Code No. 6769 (“Code”), which consolidates all provisions related to industrial property.

The Code is divided into a general section and five main books, beginning with trademarks. The fifth book, titled Common Provisions, contains rules that apply across all industrial property rights, such as damages, statute of limitations, compensation, and jurisdictional matters.

The explanations provided in this article are primarily based on Article 148 of the Code, which regulates the legal framework and procedures for trademark assignment in Turkey. Let’s take a closer look at the key statutory provision that regulates legal actions such as trademark assignment.

Legal actions

ARTICLE 148-

(1) The industrial property right may be transferred, inherited, become the subject of license; put in pledge; shown as collateral, seized or become the subject of other legal actions. The right over geographical sign and traditional product name may not be subject to license, transfer, inheritance, confiscation and similar legal actions and may not be used as collateral. (This paragraph establishes that while industrial property rights—such as trademarks, patents, and designs—may be subject to legal transactions such as transfer, seizure, or pledge, geographical indications and traditional product names are explicitly excluded from such actions. This legislative carve-out ensures that these public-origin designations remain inalienable and non-transferable.)

(2) The legal actions specified in the first paragraph may be carried out independent of the business.(This provision clarifies that industrial property rights may be transferred or otherwise disposed of separately from the commercial enterprise in which they are used. This affirms the autonomous nature of IP rights under Turkish law, which may be commercialized or reassigned regardless of the ownership or continuity of the business.)

(3) In case there is more than one owner of industrial property right, other stakeholders shall have pre-emption right when any of the owners sell its share partly or wholly to a third party. The sale shall be reported to other stakeholders by the buyer or seller. Pre-emption right shall be void when a period of three-month elapses after the date of the notification to right owner of sale and in any case when a period of two-year elapses after sale. If the parties cannot agree, pre-emption right shall be exercised by litigating against the buyer. The owner of pre-emption right shall be obliged to pay the selling price in cash to the place to be determined by the court within the period specified by the court prior to decision of transferring the share to the owner. The pre-emption right may not be used in forced sales.(This paragraph is crucial in cases where industrial property rights are held in co-ownership. It grants legal protection to existing owners by allowing them a pre-emption right, thereby limiting the entry of third parties. In practice, whenever a co-owned industrial property right is to be transferred, it is advisable to obtain written waivers from the other co-owners confirming they will not exercise their pre-emption right.)

(4) Legal actions shall be subject to written form. Transfer contracts shall be valid only if they have been approved by notary. (This provision introduces a form requirement (validity condition) for legal transactions. In particular, a transfer of rights shall only be legally valid and enforceable if the agreement is in written form and notarized. This formality serves to ensure authenticity, evidentiary value, and legal certainty in transactions.)

(5) Legal actions are registered and published in the Bulletin upon the request of one of the parties, payment of the fees and the fulfilment of the other conditions specified in the regulation. Without prejudice to the provisions of Article 115, rights arising from legal actions not registered in the registry may not be claimed against third parties acting in goodwill. (This paragraph addresses the principle of publicity and enforceability. Legal transactions related to industrial property must be recorded in the official registry and published in the relevant Bulletin (e.g., Trademark Bulletin, Patent Bulletin). Unless such registration and publication are made, the legal effects of the transaction cannot be invoked against good-faith third parties. This is particularly relevant in priority disputes, infringement claims, or ownership challenges.)

(6) Trademark may be transferred for all or part of the goods or services for which it is registered. (This provision allows for partial assignments, which are particularly useful when rights holders wish to restructure their brand portfolios, allocate rights geographically, or assign specific product lines. It aligns with the flexibility provided under the Nice Classification system.)

(7) The transfer of the certification mark or collective trademark or licensing a collective trademark shall be valid when registered in the registry. (Unlike standard trademarks, the assignment or licensing of certification and collective marks must be recorded in the official registry in order to have legal effect. This ensures that these types of marks, which serve public assurance and collective identity functions, are not transferred or misused without regulatory oversight.)

(8) The provisions of this Article shall also be applied to industrial property right applications. (This clause extends the applicability of Article 148 to pending applications for IP rights, such as trademark or patent filings. Thus, even rights that are not yet registered may be transferred or pledged, provided that the same formalities—written form, notarization, registration, and publication—are observed.)

Having thoroughly reviewed Article 148, we may now proceed to examine the subject of trademark assignment in more detail.

1.Essential Elements of the Trademark Assignment Agreement

Trademark rights may be assigned through a written and notarized agreement, the legal nature of which may vary depending on whether it is structured as a sale, donation, or another type of transaction. While the law imposes a formal requirement, it does not specify the essential contractual elements, leaving such details to be determined based on the type of legal act involved. In all cases, the assigned trademark must be clearly identified. As for consideration, the parties may agree on a fixed price or adopt a revenue-based payment model linked to the future use of the mark. In practice, hybrid structures are often preferred, combining a lump-sum payment with a variable component tied to income generated from the commercial exploitation of the trademark.

2. Registration and Publication of the Assignment

Once the written and notarized assignment agreement is executed by the parties, an application must be filed with TÜRKPATENT to record the change of ownership. Following the review and acceptance of the request, the assignment is published in the Official Trademark Bulletin, ensuring transparency and legal notice to third parties.

3. Official Fees

As of July 2025, the following fees are applicable under TÜRKPATENT’s current fee schedule:

Trademark Transfer Registration Fee: 4,940 TRY
Issuance of Certificate of Registry Fee: 2,400 TRY

4. Notarization Costs

The notary fee for a typical assignment agreement starts from approximately 2,000 TRY, and may vary depending on the number of pages, parties involved, and the declared monetary value of the transaction.

5. Required Documentation

To successfully complete the trademark assignment process, the following documents must be submitted:

A written and notarized assignment agreement signed by both parties.
If a Power of Attorney (PoA) is used by either party, the PoA must explicitly authorize the assignment or receipt of trademark rights.
For foreign parties, additional formalities such as apostille, consular legalization, and certified translation may be required. Legal advice is recommended for such cases.

6. Timeline and Professional Service Fee

The full process typically involves two stages:

Preparation & Notarization: 1–2 weeks
TÜRKPATENT Review & Publication: 3–6 weeks

Hence, the entire procedure is typically completed within 1 to 3 months.

Our professional service fee for managing the end-to-end assignment process varies depending on the complexity of the case. Factors such as co-ownership structures, partial assignments, foreign parties, and the existence of prior recordals may influence the final quotation.

7. Final Remarks

Trademark assignment is a powerful tool that allows owners to commercialize and transfer their IP rights effectively. Ensuring legal formalities are met during this process is essential to avoid invalidity or delay.