1. The transfer of the trademark right is possible in accordance with Article 148 of the Industrial Property Law. The transfer of the trademark right is subject to the written form requirement and its approval by a notary is a condition for the validity of this transaction.
2. Although notarization is sufficient for the transfer agreement to be established for the parties, it is also in the interest to register the trademark transfer with the Turkish Patent and Trademark Office (“Turkish Patent”) in order for the transfer to be effective against third parties. This is because registration and announcement have an explanatory effect, not a creative effect. Although the registration is explanatory, unless the transfer is registered, the third parties will not be able to assert the authorizations arising from the registration of the trademark against bona fide third parties.
3. In addition, the list of goods and/or services of the trademark that will be subject to the transfer should also be included in the content of the agreement. This is because the transfer may be full or partial. If a trademark is transferred over all classes registered according to the Nice classification, a full transfer will be mentioned. However, if only certain classes of this trademark are transferred, partial transfer will be mentioned. It must be confirmed that the transferor of the transferred trademark has a valid ownership right over the entire trademark before the Turkish Patent.
4. The trademark may be transferred together with the business, or, in accordance with the principle of separation, the trademark may be transferred separately from the business. However, the transfer of a business together with its assets and liabilities also includes the transfer of trademarks belonging to the business, unless otherwise agreed.
5. The trademark transfer agreement is effective from the moment of transfer. The transferee of the trademark receives the existing reputation, sales power and the acquired quality image of the trademark in relation to the goods subject to registration. Any rights and restrictions that the transferor of the trademark has at that time, these rights and restrictions will pass to the transferee with the transfer. Once the trademark owner transfers his/her trademark, he/she will no longer have any rights on the trademark and will not be ale to claim any rights.
6. Additionally, a trademark is an asset value. Therefore, upon the death of the real person owner, it will be inherited by the heirs in accordance with the provisions of the Turkish Civil Code and will be subject to inheritance division.