How to Assign or Transfer a Trademark in Turkey

To transfer a trademark in Turkey, the owner and the new owner sign a written assignment agreement covering the registered mark, then file that agreement with the Turkish Patent and Trademark Office (TÜRKPATENT) so the change of ownership is entered in the register. The mark passes when the deed is signed, but the transfer only becomes effective against third parties once TÜRKPATENT records it. This guide walks through the documents, the steps, the official recordal, and the mistakes that slow a transfer down.

Whether you are selling a brand, restructuring a group of companies, or moving a mark to a holding entity, the process follows the same path under Turkey’s Industrial Property Code No. 6769. Get the paperwork right at the start and the recordal is usually straightforward.

How to Transfer a Trademark in Turkey: The Short Answer

To transfer a trademark in Turkey you need a written assignment agreement signed by both parties, the registration details of the mark, and a recordal request filed at TÜRKPATENT with the official fee. Under Article 148 of the Industrial Property Code No. 6769, a registered trademark can be sold, gifted, or moved between companies like any other asset. For trademarks, the assignment must be in writing and, as of the time this article is written, the signatures must be made before a notary, or the transfer is not valid. Once TÜRKPATENT processes the request, the new owner is shown in the public register and can renew, license, or enforce the mark in their own name.

In our practice before TÜRKPATENT, a transfer with a clean, fully signed agreement and correct party details moves noticeably faster than one filed with missing signatures or a mismatched company name. The drafting stage is where time is won or lost.

What Does It Mean to Transfer a Trademark in Turkey?

To transfer a trademark in Turkey means to change who owns the registered right on record, moving it from the current holder (the assignor) to a new holder (the assignee). The trademark itself stays the same; only the owner on record changes. Under Turkish law a registered trademark, and in most cases a pending application, is an asset that can be assigned in full or in part.

People use several words for the same idea. An assignment is the act of transferring ownership. A transfer is the broader term for moving the right to someone else. A deed of assignment or transfer agreement is the document that records the deal. Knowing how to assign a trademark in Turkey and how to transfer a trademark in Turkey is the same question with different wording.

One important point: when a whole business is sold, its trademarks usually transfer with it unless the contract clearly says otherwise. If you are buying or selling a company, check whether the brand is meant to be included, because silence is often read as inclusion.

Assignment vs Other Ways to Move a Trademark

A trademark assignment in Turkey is a permanent transfer of ownership, which is different from licensing, where the owner keeps the mark and only grants permission to use it. Choosing the wrong mechanism is a common and costly mistake, so it helps to compare the options:

• Assignment (transfer). Ownership passes to the new owner. Typical use: selling a brand or restructuring a group of companies. Recording the change at TÜRKPATENT is strongly recommended.
• Licence. The original owner keeps the mark and only grants permission to use it. Typical use: letting a partner, franchisee, or subsidiary use the brand. Recording is optional but advisable.
• Merger or succession. The surviving or inheriting entity takes the mark. Typical use: a company merger or an inheritance. Recording requires proof of the event.
• Security or pledge. The owner keeps the mark, subject to the pledge. Typical use: putting the mark up as collateral. The pledge is recorded at TÜRKPATENT.

If your goal is to permanently hand the brand to someone else, you want an assignment. If you only want to let a partner, franchisee, or subsidiary use the brand while you keep it, a licence is the right tool. Our separate guidance on trademark licensing in Turkey covers that route in detail.

What You Need Before You Transfer a Trademark in Turkey

Before you transfer a trademark in Turkey, gather the registration number, the exact registered names of both parties, and a signed written assignment agreement. Preparing these first prevents the back-and-forth that delays recordal.

• The trademark registration or application number, so the mark is identified without ambiguity.
• Correct registered names and addresses for the assignor and assignee. A company name must match its trade registry record exactly.
• A written assignment agreement signed by both sides. Turkish law requires a trademark assignment to be in writing, and the signatures generally have to be notarised; an oral deal will not register.
• A power of attorney if a trademark and patent attorney files the recordal for you. This is the filing authorisation document, not a transfer of the mark.
• Proof of the official fee for recording the change of ownership.

For transfers driven by a merger, inheritance, or a change ordered through official proceedings, you will also need the supporting document that proves the event, such as a trade registry record or succession paperwork. If either party is based abroad, foreign documents may need to be translated and, in some cases, notarised or apostilled, so build in extra time.

How to Transfer a Trademark in Turkey, Step by Step

The process to transfer a trademark in Turkey runs in five clear stages, from drafting the agreement to seeing the new owner appear in the public register.

1. Confirm ownership and status. Check that the assignor is the recorded owner and that the mark is live, not lapsed for non-renewal. A quick search of the TÜRKPATENT register at the start avoids transferring a right that no longer exists.
2. Draft and sign the assignment agreement. Set out the mark, the parties, the price or consideration, and whether the transfer is full or partial. Both parties sign, normally before a notary. This is the moment the mark passes between them.
3. Prepare the recordal request. Complete the TÜRKPATENT transfer request, attach the signed agreement, and add the power of attorney if an attorney is filing for you.
4. File at TÜRKPATENT and pay the fee. Submit the request with the official recordal fee. The Office reviews the file for completeness and consistency.
5. Receive confirmation and the updated register entry. Once accepted, TÜRKPATENT updates the register to show the new owner. The assignee can then renew and manage the mark in their own name.

Knowing how to assign a trademark in Turkey at this level of detail helps you spot problems early. The most common stumbling block is a mismatch between the name on the agreement and the name in the register or the trade registry, so check those against each other before filing.

Recording the Trademark Transfer at TÜRKPATENT

Recording the transfer at TÜRKPATENT is the step that makes the change of ownership effective against third parties and visible in the public register. Until the trademark transfer recordal at TÜRKPATENT is complete, the world still sees the old owner, which can create problems when the new owner tries to renew the mark, license it, or enforce it.

The recordal request is examined for formal correctness: that the agreement is signed, that the parties are correctly identified, and that the fee is paid. TÜRKPATENT does not judge the commercial fairness of the deal; it checks that the paperwork is valid and consistent. As of the time this article is written, an official fee applies to recording a change of ownership, and fee schedules are revised periodically, so confirm the current amount with a trademark and patent attorney or on the official TÜRKPATENT website before you file.

Timelines vary with the Office’s workload and whether the file is complete on first submission. A clean request is usually processed within a few weeks to a few months as of the time this article is written. A file with missing signatures or inconsistent names can take considerably longer, because the Office will issue a deficiency notice and wait for a corrected response.

Partial Transfers, Co-owned and Pending Marks

You do not always have to transfer a trademark in Turkey in full. The Code allows a partial transfer, where the mark moves to the new owner for only some of the goods or services it covers, while the original owner keeps the rest. This is useful when a brand is sold for one product line but retained for another.

Co-owned trademarks

If a trademark has more than one owner, each co-owner generally holds a defined share that can be dealt with, but transferring the whole mark needs the agreement of all co-owners. Set out the shares clearly in the assignment agreement to avoid disputes later.

Pending applications

A trademark application that has not yet matured into a registration can usually be assigned in the same way as a registered mark. The assignment travels with the application, so the new owner becomes the applicant and receives the registration once it is granted. Recording the change while the application is pending keeps the file clean.

Splitting goods and services

A partial transfer can require dividing the original registration so that each part lists the correct goods and services. Plan the split carefully, because once classes are separated the two resulting rights are managed independently.

Common Mistakes and Costs When You Transfer a Trademark in Turkey

The most expensive mistake is to sign an assignment but never record it at TÜRKPATENT, leaving the new owner unprotected on paper. Other frequent issues are worth avoiding from the start.

• Skipping the recordal. A signed agreement passes ownership between the parties, but third parties rely on the register. Record it.
• Name mismatches. A company that has changed its name or address since registration should update those records, or the transfer request may be queried.
• Forgetting related rights. A brand may sit across several marks, designs, or domain names. Transferring one and forgetting the others can split a brand’s protection.
• Ignoring existing licences. If the mark is already licensed, the assignment usually passes subject to that licence. The buyer should know what they are inheriting.
• Underestimating cross-border steps. Foreign parties, translations, and notarisation add time and cost.

On cost, plan for the official TÜRKPATENT recordal fee plus any professional fee if a trademark and patent attorney handles the filing. Fees change over time, so treat any figure you read online as a starting point and confirm the current amount before budgeting.

Frequently Asked Questions

How do I transfer a trademark in Turkey?

To transfer a trademark in Turkey, sign a written assignment agreement with the new owner, then file that agreement with TÜRKPATENT along with the recordal request and the official fee. The Office updates the register to show the new owner once the file is accepted.

Does a trademark transfer have to be in writing?

Yes. Under Turkey’s Industrial Property Code No. 6769, an assignment of a trademark must be made in writing and signed by the parties, and the signatures generally have to be notarised. An oral agreement to transfer a mark will not be valid or recordable, so confirm the current form requirements with a trademark and patent attorney before signing.

What is the difference between assigning and licensing a trademark?

Assigning a trademark transfers ownership permanently to a new owner, while licensing keeps ownership with the original holder and only grants permission to use the mark. A trademark assignment in Turkey changes the name in the register; a licence does not.

Do I have to record the transfer at TÜRKPATENT?

Recording the transfer is strongly advised because the change of ownership becomes effective against third parties only once it is entered in the register. Without the trademark transfer recordal at TÜRKPATENT, the public record still shows the old owner.

Can I transfer a trademark for only some products?

Yes. A partial transfer lets you assign the mark for some goods or services while keeping it for others. This often requires dividing the registration so each part lists the correct classes.

How long does it take to transfer a trademark in Turkey?

A complete, correctly prepared request is usually processed within a few weeks to a few months as of the time this article is written. Files with missing signatures or inconsistent names take longer because the Office issues a deficiency notice.

Can a pending trademark application be transferred?

Yes. A pending application can generally be assigned in the same way as a registered mark, and the new owner becomes the applicant who receives the registration once it is granted.

How much does it cost to transfer a trademark in Turkey?

Costs include the official TÜRKPATENT recordal fee and any professional fee if an attorney files for you. Official fees are revised periodically, so confirm the current amount with a trademark and patent attorney before you proceed.

To transfer a trademark in Turkey cleanly, prepare a clear written assignment, match every name to the official records, and record the change at TÜRKPATENT without delay. Done in the right order, it protects the new owner and keeps the brand’s rights intact. If you are buying, selling, or restructuring a brand and want the transfer handled correctly, we can help. Contact us for more information.

About Leo Patent

Leo Patent is a leading trademark and patent attorney firm (marka ve patent vekili) serving foreign and Turkish clients across Türkiye. The firm is registered before the Turkish Patent and Trademark Office (TÜRKPATENT) and the Istanbul Chamber of Commerce (registration no. 308755-5), and handles trademark, patent, design and other intellectual property registrations in Türkiye and internationally.

This article was prepared under the supervision of Burak Ünal, general manager of Leo Patent, registered trademark attorney (TÜRKPATENT reg. no. 2900) and registered patent attorney (TÜRKPATENT reg. no. 1677). He holds a Business Management degree from Boğaziçi University (2016) and an MSc in Finance from the London School of Economics, which he attended as a Chevening Scholar; he is also a congress member of Galatasaray Sports Club. He advises clients in Turkish, English, French and Chinese. In Türkiye, trademark and patent attorneys are a regulated profession separate from lawyers: Burak Ünal is not a lawyer, and Leo Patent does not provide lawyer services or court representation.

Need help with a trademark or patent in Türkiye? Contact Leo Patent for a consultation: www.leopatent.com · [email protected] · WhatsApp +90 532 689 48 18.

Disclaimer: Leo Patent is a trademark and patent attorney firm (marka ve patent vekili) and is not a law firm; it does not provide lawyer services, legal advice or court representation. This article is for general informational purposes only and you are strongly advised to consult a qualified professional to evaluate your personal situation. No liability is accepted that may arise from the use of the information in this article.