Transfer & Licensing in Turkey

Recording your transfer or license with the Turkish Patent and Trademark Office (TPTO) is essential.

• Transfers must be in notarized written form to be legally valid (SMK Art. 148/4).

• Licenses are valid between the parties without registration, but:

  • If not recorded, the license cannot be enforced against third parties who act in good faith.

  • You may lose the right to object to unauthorized use if the license’s existence is not publicly accessible.
    For full enforceability and legal protection, TPTO recordal is strongly recommended.

According to SMK Art. 24:

• Exclusive License (İnhisari Lisans):

  • Only the licensee may use the trademark.

  • The owner cannot use the trademark unless the agreement explicitly grants that right.

  • The owner cannot grant additional licenses to others.

• Non-Exclusive License (İnhisari Olmayan Lisans):

  • The owner can continue to use the mark and can grant additional licenses.

• Commercial Impact:

  • Exclusive licenses provide strong market-control rights.

  • Non-exclusive licenses offer flexibility and broader market penetration.

Yes. Under SMK Art. 24 and Art. 148, a trademark may be transferred or licensed:

• For all goods/services, or

• Only for certain specific goods or services within the Nice Classification.
  This is called partial transfer or partial licensing, and it is frequently used when brands expand into new sectors or assign rights regionally.

Yes. Trademark transfers must be executed in the form of a notarized deed (SMK Art. 148/4).
Reasons:

• Ensures the identity of the signatories.

• Confirms the parties’ consent.

• Provides evidentiary strength and protects against disputes.
  TPTO will reject any transfer request filed with an unnotarized transfer document.

Only if the agreement explicitly permits it.

Under SMK Art. 24/3:

• By default, a licensee cannot:

  • Assign the license to another person,

  • Grant a sub-license.

• If you want your licensee to have these rights, it must be clearly written into the agreement.
  Otherwise, the licensee’s rights are strictly limited.

Typical timelines are:

• Transfer recordal: 2–4 weeks

• License recordal: 2–3 weeks
  These timelines may vary depending on TPTO workload and completeness of documentation.
  We monitor your file daily and provide proactive updates at each stage.

Yes. Under SMK Art. 148:
Trademark rights may be:

• Transferred,

• Inherited,

• Licensed,

• Pledged,

• Used as collateral,

• Attached,

• Or be subject to other legal transactions.
  These actions can be performed independently of the business (Art. 148/2), which is valuable for financing, investment, and partnership negotiations.

Yes. The same legal rules apply to applications as to registered trademarks (SMK Art. 148/8).
This means you can:

• Transfer

• License

• Pledge

• Inherit
  a trademark application even before registration.
  Recordal at the TPTO is still required for full enforceability.

Under SMK Art. 24/4:

• The licensor must take measures to ensure quality of goods/services produced under the license.
  If the licensee violates the agreement:

• You may terminate the license,

• You may initiate legal action for breach,

• You may assert your rights arising from the trademark directly against the licensee,

• You may demand compensation or injunctions depending on the circumstances.
  Quality-control clauses are essential and will be included in all agreements we draft.

The rules differ from standard trademarks:

• Guarantee Marks: Cannot be licensed; can be transferred only under strict conditions and must be registered to be valid (SMK Art. 148/7).

• Collective Marks: May be transferred or licensed, but only if the transaction is recorded in the TPTO registry.
  These marks have more complex structures, and we provide tailored legal guidance for each case.