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How to Record a Trademark Assignment and License in Turkey at TÜRKPATENT

A trademark assignment and license in Turkey must be recorded at the Turkish Patent and Trademark Office (TÜRKPATENT) for the change to take full effect against third parties, and the process is open to Turkish and foreign rights holders on equal terms. An assignment transfers ownership of the mark to a new owner; a licence lets someone else use the mark while you keep ownership. In both cases you file a request with TÜRKPATENT, submit the signed agreement or a short-form document, pay the official fee, and the office enters the change on the trademark register.

This guide explains the difference between the two, why recordal matters, exactly which documents you need, the step-by-step procedure, and the fees and timeline you should plan for. It also covers partial assignments, company mergers and marks registered abroad.

How a Trademark Assignment and License in Turkey Works

A trademark assignment and license in Turkey are two different transactions recorded on the same public register held by TÜRKPATENT. Under Türkiye’s Industrial Property Code No. 6769, a registered trademark is a form of property: it can be sold, inherited, given as security, or licensed, in whole or in part. Recording that dealing at TÜRKPATENT is what makes it visible and enforceable against everyone else, not just the two parties who signed the contract.

An assignment is a permanent transfer of ownership. Once recorded, the new owner appears on the register and holds all the rights that go with the mark. A licence is different: the owner stays the owner, and the licensee gains a right to use the mark on agreed terms, for an agreed time, and often for agreed goods or territories. A licence can be exclusive, where even the owner agrees not to use the mark, or non-exclusive, where the owner can grant the same right to others.

Foreign owners deal with TÜRKPATENT in exactly the same way as Turkish ones. If you are based outside Türkiye, you appoint a registered trademark and patent attorney (marka ve patent vekili) to file the recordal for you through a power of attorney. There is no need for a Turkish company or address; your authorised representative handles the request, the correspondence and any objections.

Assignment vs Licence: What Is the Difference?

The core difference is ownership: an assignment moves it, a licence does not. Choosing the right instrument at the start avoids a recordal being rejected or a deal being mischaracterised later. The practical distinctions break down like this:

  • Ownership. An assignment transfers ownership to the new owner. A licence leaves ownership with the original owner.
  • Duration. An assignment is permanent. A licence runs for a fixed or open-ended term.
  • Scope. An assignment can cover the whole mark or only specific goods and classes. A licence can be exclusive or non-exclusive, and limited by goods or territory.
  • Register entry. An assignment names a new owner on the register. A licence leaves the owner unchanged and notes the licensee.
  • Typical use. Assignments fit the sale of a brand or business and group restructuring. Licences fit franchising, distribution and brand collaborations.

In practice, businesses often use both. A brand sold as part of a company may be assigned outright, while the seller keeps a short licence to sell off remaining stock. Getting the label right matters because TÜRKPATENT records each on a different basis.

Why You Must Record a Trademark Assignment and License in Turkey

Recording a trademark assignment and license in Turkey protects the new owner or licensee against third parties who act in good faith. A transfer or licence that is agreed on paper but never recorded still binds the two signing parties, but it may not be enforceable against someone who later deals with the registered owner without knowing about it. If the register still shows the old owner, that is who the world relies on.

There are concrete reasons the recordal matters:

  • Enforcement. An unrecorded assignee can face difficulty acting on the mark, because official records still point to the previous owner.
  • Renewals and correspondence. TÜRKPATENT sends notices to the recorded owner, so an unrecorded transfer risks missed deadlines.
  • Chain of title. A buyer, investor or bank doing due diligence checks the register, and gaps in the chain of title lower the value of the mark.

In our practice before TÜRKPATENT, the transfers that cause problems years later are almost always the ones that were signed but never recorded. Completing the trademark transfer in Turkey properly at the time is far cheaper than reconstructing a broken chain of title afterwards.

Documents Needed to Record a Trademark Assignment

The documents needed to record a trademark assignment centre on proof that both parties agreed to the transfer. TÜRKPATENT does not usually need the full commercial contract with its price and confidential terms; a focused set of documents is enough. You will generally need:

  • A request to TÜRKPATENT identifying the trademark by its registration number and naming the assignor and assignee.
  • Proof of the transfer. This is typically the signed assignment agreement or a short-form assignment declaration signed by both parties, showing the mark, the parties and their intention to transfer.
  • A power of attorney if a registered trademark and patent attorney files on your behalf. Notarisation may be required depending on the situation.
  • Applicant and new-owner details, including the full legal name and address of the assignee.
  • Proof of payment of the official recordal fee.

For a licence, the set is similar, but the supporting document is the licence agreement or a short-form licence declaration that states whether the licence is exclusive or non-exclusive and any limits on goods, term or territory. Documents produced abroad may need translation into Turkish and, in some cases, notarisation or an apostille. An advisor confirms which formalities apply before you file, so a recordal is not delayed for a missing signature or stamp.

How to Record a Trademark License at TÜRKPATENT, Step by Step

Knowing how to record a trademark license at TÜRKPATENT comes down to a clear sequence, and the same steps apply to an assignment with the matching documents. The TÜRKPATENT trademark recordal process usually looks like this:

  1. Confirm the current register entry. Check that the mark is registered, in force, and shown in the correct owner’s name, so the transfer or licence starts from a clean base.
  2. Prepare the instrument. Draft or review the assignment or licence agreement, or a short-form version for filing, and gather the party details.
  3. File the recordal request. A registered representative submits the request to TÜRKPATENT with the supporting document, the power of attorney and the fee for each affected registration.
  4. Examination by TÜRKPATENT. The office checks that the request is complete and consistent with the register and may issue a notice if something is missing.
  5. Entry on the register. Once accepted, TÜRKPATENT records the assignment or licence and updates the public register accordingly.

If you hold several registrations for the same brand, each registration is usually treated separately for fees, so list them all at the start. The same filing is also how to transfer trademark ownership in Turkey when the deal is a sale rather than a licence, using the assignment documents in place of the licence agreement.

Costs and Timeline for TÜRKPATENT Recordal

Recording a trademark assignment and license in Turkey usually takes a few weeks to a few months once a complete request is filed, and the cost turns mainly on the number of registrations and the professional work involved. The figures here are indicative and given as of the time this article is written; official TÜRKPATENT fees are updated periodically, so confirm current amounts with a trademark and patent attorney before you budget.

  • Official recordal fee. TÜRKPATENT charges a fee per registration for entering an assignment or a licence. A portfolio of several marks costs more than a single mark.
  • Professional fee. This covers reviewing or drafting the instrument, preparing the filing and managing any office notice.
  • Translation and legalisation. Foreign documents may need certified translation and, sometimes, notarisation or an apostille, which add cost and time.

A straightforward, complete recordal moves quickly. Delays almost always come from missing signatures, an inconsistent company name, or documents that still need translation, which is why the TÜRKPATENT trademark recordal process rewards careful preparation before filing rather than after.

Partial Assignments, Mergers and Marks Registered Abroad

Not every transfer moves the whole mark. A partial assignment lets you transfer a trademark for some of its goods or classes while keeping the rest, which is common when a company sells one product line but keeps its core brand. TÜRKPATENT records the split so that ownership of each part is clear on the register.

Company changes are a frequent trigger for recordal. When two businesses merge, or a company is renamed or restructured, the marks it owns need to be updated to reflect the new legal entity. This is handled as a transfer or a change of name on the register, and skipping it is a common reason a chain of title later looks broken. If you are asking how to transfer trademark ownership in Turkey after a corporate reorganisation, the answer is to record the change at TÜRKPATENT with proof of the merger or name change.

For marks protected internationally, the picture is wider. A trademark registered through the Madrid System, administered by the World Intellectual Property Organization (WIPO), is assigned or licensed through WIPO’s own recordal procedure, which then notifies the designated offices. A separate Turkish national registration is dealt with directly at TÜRKPATENT. A trademark and patent attorney can coordinate both so a global brand transfer stays consistent across every register.

Common Mistakes to Avoid

The most costly mistake is signing a sale or licence and never recording it, so the register still names the wrong party. Because third parties rely on the register, an unrecorded deal can be undermined by a later transaction. Other frequent errors include:

  • Assigning the trademark but forgetting related rights such as a matching design registration or domain name, leaving the brand split across owners.
  • Using a company name in the agreement that does not exactly match the name on the register, which triggers an office notice.
  • Filing for one registration when the brand is actually protected by several, so part of the portfolio stays in the old owner’s name.
  • Overlooking translation or notarisation requirements for documents signed abroad, which stalls the recordal.

Avoiding these starts with checking the register before you sign and matching the recordal to how the brand is really owned. Handling a trademark transfer in Turkey cleanly the first time keeps the mark enforceable and easy to value.

Recording a trademark assignment and license in Turkey is a practical step that turns a private agreement into a right the whole market must respect. Confirm the register, prepare the correct documents, file for every affected mark, and update the record whenever ownership or control of the brand changes. If you need to move a brand to a new owner, or you are unsure how to record a trademark license at TÜRKPATENT, contact us for more information and we will help you file it correctly in Türkiye and coordinate any international marks.

Frequently Asked Questions

Do I have to record a trademark assignment and license in Turkey?

Yes, you should record a trademark assignment and license in Turkey at TÜRKPATENT for it to be fully effective against third parties. The agreement binds the signing parties on its own, but until it is recorded the register still shows the old position, which can undermine enforcement and renewals.

How do I transfer trademark ownership in Turkey?

You transfer trademark ownership in Turkey by filing an assignment recordal with TÜRKPATENT, supported by proof of the transfer signed by both parties, the new owner’s details, a power of attorney if a representative files, and the official fee. Once accepted, the new owner is entered on the register.

What is the difference between an assignment and a licence?

An assignment permanently transfers ownership of the mark, while a licence lets someone use the mark without changing who owns it. A licence can be exclusive or non-exclusive and is usually limited by term, goods or territory.

How long does the TÜRKPATENT trademark recordal process take?

A complete recordal usually takes a few weeks to a few months, depending on the number of registrations and whether TÜRKPATENT issues any notice. Missing documents or translations are the main cause of delay.

Can a foreign company record a trademark transfer in Turkey?

Yes, foreign individuals and companies record transfers and licences on the same terms as Turkish owners. You appoint a registered trademark and patent attorney to file for you through a power of attorney, with no need for a Turkish company.

How much does it cost to record a trademark licence at TÜRKPATENT?

The cost combines an official TÜRKPATENT fee charged per registration with the professional fee for preparing and filing the recordal. Because official fees change periodically, confirm current figures with a trademark and patent attorney; the amounts here are indicative as of the time this article is written.

Can I assign a trademark for only some of its goods?

Yes, a partial assignment lets you transfer a mark for certain goods or classes while keeping the rest. TÜRKPATENT records the split so ownership of each part is clear on the register.

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.