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A trademark transfer means that the owner of a trademark sells some or all of the rights on the
trademark registered in the trademark registration certificate to other persons through a notary public.
The transfer of a registered trademark in Turkey is the process of selling some or all of the trademark rights of a registered trademark to another person or business through our Sistem Patent company.’’
When a registered trademark in Turkey needs to be transferred, this process can be done through our Sistem Patent company. The transfer of a registered trademark may be made to a person or business. The transfer of a registered trademark can also be done during the trademark application phase. However, if the trademark status is rejected, there is a possibility of material damage.
The transfer of a registered trademark in Turkey may be made for some or all of the products or services for which registration has been made, in accordance with the Industrial Property Law, by our Sistem Patent company. However, in order for a registered trademark in our country to be partially transferable, the trademark must be registered for more than one product or service class. In other words, a trademark that has been registered for a single product or service class cannot be partially transferred.
For products or services that are partially transferred in our country, a new trademark file is prepared for the person who partially transfers the trademark, and a new trademark registration certificate and trademark registration number covering the transferred products or services are issued. The trademark is registered with a new registration number, together with the first registration date, and then published in the Gazette. Although it is possible to transfer some of the products or services for which the trademark is registered, on the basis of territoriality, trademark owners in our country cannot transfer brand rights to different persons in different regions in Turkey. However, the use of the trademark right can be divided into zones in different places, through licenses to individuals. The transfer of the trademark has a number of restrictions in order to prevent problems that may arise from the consumer's point of view.
Note: If the trademark belongs to a business and the business is totally transferred in the process of transfer, the transfer of the trademark is not required in this process. In short, a person who completely transfers his/her business is considered to have transferred his/her trademark.
When a registered trademark in Turkey is transferred, if the geographical origin or quality of the products or services or the property of the trademark itself is misleading, it is sought to restrict the registration of the trademark in the products or services for the transferring process so as not to push the society into illusion. There is also a requirement that when a registered trademark is being transferred and there are other registered trademarks which are the same as or similar to the trademark that is being transferred at a level that will not be recognized, such trademarks must also be transferred.
If the trademark transfer process is performed by not recognizing the fact that the trademark's geographical origin, quality or the trademark’s goods or services has been misleading to the public, this will result in an invalidation under the Industrial Property Act.