Trademark licensing agreements in Turkey let the owner of a registered trademark allow another party to use that mark in return for payment or other commercial terms, while keeping ownership of the mark. If you license your brand to a Turkish distributor, franchisee or manufacturer, a written agreement that follows Industrial Property Code No. 6769 protects both your royalties and your control over how the mark is used. This guide explains how trademark licensing agreements in Turkey work, what clauses matter most, and why recording the licence at the Turkish Patent and Trademark Office (TÜRKPATENT) is worth the effort.

What Are Trademark Licensing Agreements in Turkey?

A trademark licence is a contract in which the registered owner of a trademark (the licensor) grants permission to another party (the licensee) to use the mark for specified goods or services, usually in exchange for a fee or royalty. Trademark licensing agreements in Turkey are governed mainly by Industrial Property Code No. 6769, the same law that covers registration and protection of marks before TÜRKPATENT. The owner keeps the trademark; only the right to use it is shared.

Licensing is one of the most common ways to turn a registered brand into recurring income without selling it. A clothing brand might license its name to a Turkish manufacturer. A foreign franchise might license its mark to a local operator. In each case, a clear agreement sets out who may use the mark, for which products, in which territory, and on what financial terms. Trademark licensing in Turkey only works smoothly when the mark itself is properly registered first, because you cannot reliably license a right you do not formally hold.

Why Trademark Licensing Agreements in Turkey Matter

A written licence protects the brand owner’s reputation and revenue at the same time. Without one, a partner using your mark may drift away from your quality standards, sell in territories you never agreed to, or stop paying without any clear contractual consequence. A well drafted agreement gives you concrete tools to respond.

For the licensee, the agreement is just as valuable. It confirms a lawful right to use a known brand, sets the cost in advance, and reduces the risk of a sudden dispute over whether the use was ever authorised. In our practice before TÜRKPATENT, partners who sign a detailed licence and record it formally tend to have far fewer arguments later about scope, renewal and termination. Clear terms at the start prevent expensive disagreements once the brand starts earning.

Exclusive, Non-Exclusive and Sole Licences

The type of licence decides how many parties may use your mark and whether you can still use it yourself. Choosing the right type is one of the first decisions in any trademark licence, so it helps to understand the three standard options under Turkish practice.

Exclusive licence: only the licensee may use the mark within the agreed scope, and the owner usually agrees not to grant the same rights to anyone else. In many cases the owner also steps back from using the mark in that field or territory.
Non-exclusive licence: the owner may grant the same rights to several licensees at once and may keep using the mark too. This suits brands that want broad market coverage through many partners.
Sole licence: a middle path in which one licensee is appointed, but the owner also keeps the right to use the mark alongside that single partner.

Under Industrial Property Code No. 6769, a licence is treated as non-exclusive unless the agreement clearly states otherwise. That default makes the wording critical: if you intend an exclusive arrangement, the contract must say so in plain terms.

How to License a Trademark in Turkey, Step by Step

The process of how to license a trademark in Turkey follows a practical sequence that protects both sides. Taking these steps in order keeps the arrangement clean and enforceable.

Confirm the registration. Make sure the mark is registered, valid and renewed at TÜRKPATENT, and that the licensor is the recorded owner.
Agree the commercial terms. Settle scope, territory, duration, exclusivity, royalties and quality control before drafting.
Draft a written agreement. Put every agreed point in writing. An oral understanding is fragile and hard to enforce.
Sign and, where needed, notarise. Both parties sign. Notarisation adds an extra layer of certainty for the signatures and dates.
Record the licence at TÜRKPATENT. File the agreement so the licence is entered against the mark in the official register.

Knowing how to license a trademark in Turkey is not only about drafting a contract; it is about making that contract visible and durable through proper registration. Each step reduces the chance of a later dispute over what was actually agreed.

Trademark License Agreement Registration Turkey: Why Recording Matters

Recording the licence at TÜRKPATENT makes it effective against third parties. A licence can be valid between the two signing parties as a private contract, but trademark license agreement registration Turkey is what puts the arrangement on the public record, so later buyers, creditors and other licensees are treated as aware of it. Without that recordal, an unrecorded licence may be hard to assert against someone who deals with the mark in good faith.

The recordal is filed with the Turkish Patent and Trademark Office and entered against the trademark in the register. Trademark license agreement registration Turkey also helps the licensee in practical ways: a recorded exclusive licensee is in a stronger position to act on infringement, and the recorded status gives banks and partners a clear, verifiable picture of who may use the brand. The official fees and exact documents for recordal change over time, so confirm the current TÜRKPATENT requirements before you file. The figures and rules described here are accurate as of the time this article is written, and a trademark and patent attorney (marka ve patent vekili) can confirm the live position.

Key Clauses Every Trademark Licence Should Contain

The strength of a licence lies in its detail. A short, vague contract invites disputes, while a thorough one settles questions before they arise. The clauses below are the ones we look at most closely.

Scope and Goods or Services

State exactly which goods or services the licence covers, ideally tied to the classes in the trademark registration. A licence for clothing should not silently extend to perfume or accessories unless that is intended.

Territory and Duration

Define where the licensee may use the mark and for how long. The territory may be all of Turkey, a single region, or Turkey plus export markets. Set a clear start date, end date and any renewal mechanism.

Royalties and Payment

Set out the fee structure: a fixed sum, a percentage of sales, a per-unit royalty, or a combination. Specify the currency, the payment schedule, and the right to audit the licensee’s sales records so reported figures can be checked.

Quality Control

Quality control is essential, not optional. The owner should keep the right to approve products, inspect samples and set standards. A mark used on poor-quality goods loses value and can even become vulnerable, so the agreement should let the owner protect the brand’s standard.

Sub-Licensing and Assignment

State whether the licensee may pass rights to a third party. Many owners forbid sub-licensing without written consent, to keep control over who ultimately uses the mark.

Trademark Licensing Agreement Requirements Under Turkish Law

The core trademark licensing agreement requirements in Turkey are a valid registered mark, an identifiable licensor and licensee, an agreed scope, and a written record. A licence over a mark that is not registered, or that has lapsed, rests on weak ground, which is why registration comes first. Trademark licensing agreement requirements also include clarity on exclusivity, because the law treats a licence as non-exclusive by default unless the document states otherwise.

Beyond these essentials, the agreement should address the points that decide real disputes: payment, quality control, term, termination and what happens to stock and marketing material when the licence ends. Meeting the trademark licensing agreement requirements on paper is only half the task; recording the licence at TÜRKPATENT is what gives it full effect against outsiders. For international brands, the same logic extends abroad through WIPO and the EUIPO, where a Turkish registration can support wider protection.

Trademark Licence vs Trademark Assignment

A licence shares the right to use a mark; an assignment transfers ownership of it. The points below set out the practical difference so you can choose the structure that fits your goal.

Ownership: under a licence it stays with the licensor, while an assignment passes it to the new owner.
Income model: a licence earns ongoing royalties or fees, whereas an assignment is usually a one-time purchase price.
Control of the brand: a licensor keeps control and quality standards, while an assignor gives that control up.
Typical use: licences suit distribution, franchising and manufacturing, while assignments suit the outright sale of a brand or business.
TÜRKPATENT recordal: recommended for a licence to take full effect, and required for an assignment to update the registered owner.

Many brand owners prefer trademark licensing in Turkey precisely because it generates income while keeping the asset. An assignment makes sense only when you truly intend to sell the brand outright.

Common Mistakes to Avoid

The most frequent error is licensing a mark that was never properly registered, which leaves the whole arrangement exposed. A close second is relying on an oral or email understanding instead of a signed contract. We also see agreements with no quality-control clause, which slowly erodes the brand, and licences that are never recorded at TÜRKPATENT, which weakens the owner’s position if a dispute or a sale arises later.

Another avoidable mistake is vague scope. If the goods, territory and duration are loosely written, both sides end up guessing what was meant. Trademark licensing agreements in Turkey reward precision: the clearer the document, the smaller the room for conflict.

Frequently Asked Questions

What are trademark licensing agreements in Turkey?

Trademark licensing agreements in Turkey are contracts in which the owner of a registered trademark allows another party to use the mark for set goods or services, usually for a royalty, while keeping ownership. They are governed mainly by Industrial Property Code No. 6769 and are most effective when recorded at TÜRKPATENT.

Do trademark licensing agreements in Turkey have to be in writing?

Yes, a trademark licence should always be in writing. An oral arrangement is very hard to prove and to enforce, and recording the licence at TÜRKPATENT requires a written, signed document in the first place.

How to license a trademark in Turkey?

To license a trademark in Turkey, confirm the mark is registered, agree the commercial terms, draft and sign a written agreement, and then record it at TÜRKPATENT. Following this order keeps the licence clear and enforceable for both sides.

Is trademark license agreement registration Turkey mandatory?

A licence can be valid between the two parties without recordal, but trademark license agreement registration Turkey is strongly advised because it makes the licence effective against third parties and strengthens the licensee’s position on infringement. The current recordal requirements should be confirmed with TÜRKPATENT.

What are the main trademark licensing agreement requirements?

The main trademark licensing agreement requirements are a valid registered mark, identifiable parties, a defined scope, and a written agreement, with exclusivity stated clearly because licences are non-exclusive by default. Payment terms, quality control and termination should also be set out in full.

What is the difference between an exclusive and a non-exclusive licence?

An exclusive licence lets only one licensee use the mark within the agreed scope, often barring even the owner, while a non-exclusive licence lets the owner grant the same rights to several partners and keep using the mark too. Under Industrial Property Code No. 6769, a licence is non-exclusive unless stated otherwise.

Can a licensee sub-license the trademark to someone else?

Only if the agreement allows it. Many owners forbid sub-licensing without written consent so they keep control over who uses the brand, so the contract should address this point directly.

How long does a trademark licence last?

A trademark licence lasts for whatever term the parties agree, which is set in the contract and cannot exceed the life of the registration. Marks are renewable every ten years, so a licence is often tied to renewal cycles and includes its own renewal or termination terms.

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.