A registered trademark is a form of intellectual property with a tangible value similar to physical assets like a house or a car. In fact, in many cases, the value of a trademark with a registration certificate exceeds that of any company. Therefore, knowing the answer to the question "How is a trademark transfer done?" is crucial.
While one has the right to sell or transfer a property they own, similarly, as a trademark owner, it is possible to transfer the trademark to someone else. Through the process of transferring a registered trademark, all the rights associated with the trademark pass to the person acquiring the trademark.
Because business is often a long journey, various situations such as partnerships, investment processes, and brand sales may arise during this process. In such cases, the question of 'Can trademark rights be transferred?' is a topic of great interest.
It is mandatory for registered trademarks or trademarks with pending applications, whose ownership changes, to undergo the process of transferring these trademarks. For example, if you want to sell a company that has three registered trademarks, the company must carry out separate transfer processes for each of these trademarks. While it is possible to transfer trademarks for all goods and services within the scope of protection, it is also possible to transfer them for specific goods and services. Additionally, when a trademark registration is made jointly, the trademark representative may transfer the trademark rights to other partners or different third parties.
The trademark transfer process is a situation that must take place in writing in the presence of a notary public. If the transfer agreement is made in the presence of a notary public, it is not sufficient on its own as it lacks legal validity. It is also necessary for the trademark transfer process to be carried out within the institution by directly submitting the trademark agreement.
To make this transfer effective for third parties as well, it is required that it is also recorded in the Turkish Patent and Trademark Office's records. Along with the trademark transfer agreement made at the notary, after applying to the institution's registry, the trademark transfer process is recorded in the registry and published in the bulletin. Subsequently, a request for a new registration certificate must be made to the new rights holder. Otherwise, the issuance of a new registration certificate is not possible in any way.
Taking into account the elements to be considered during the trademark transfer process ensures the smooth execution of trademark protection and transfer procedures. This allows for the hassle-free transfer of one's own trademarks upon payment of the required fees. The following are the key points to consider when transferring a trademark:
The trademark transfer agreement must be made in writing and must be notarized. According to Article 148, Paragraph 4 of the Industrial Property Law, notarization is considered a validity requirement for trademark transfers. This transfer agreement should be signed before a notary by the parties involved or their representatives with the necessary powers of attorney. Although notarization is sufficient to establish the validity of the trademark transfer agreement between the parties, it is also necessary to register the trademark transfer with the Turkish Patent and Trademark Office (Turkish Patent) to have legal effect against third parties. To make this registration with the Turkish Patent, the following requirements must be met:
It is possible to make a comprehensive agreement in which the rights and obligations of the parties are detailed; however, a very short agreement is considered sufficient for the registration of the transfer, provided it includes the following points:
The ownership of any trademark can change smoothly in cases of a merger between two companies or a court ruling requiring such a change. In such cases, the change is expected to be registered with the Turkish Patent and Trademark Office. The registration of the mentioned change is carried out by submitting a request letter and official documents explaining the reason for the change to the Turkish Patent and Trademark Office, along with the payment of the transfer registration fee.
Therefore, individuals and legal entities have the right to transfer their trademarks to third parties at any time. Changing the trademark owner information is considered a transfer process. The same procedure applies to transfers from individuals to companies, from companies to individuals, and transfers among family members. However, a change in type and title is not considered a transfer process.
Transfer of a trademark can be carried out without the need for a registration certificate for trademarks. Since no registration certificate is required during the transfer process, you can smoothly complete the transfer process after filing the trademark application. All that is required is for both the transferor and transferee to be present before a notary public during the transfer.
During the transfer process, it is crucial to know which trademark and goods or services you intend to transfer under the trademark agreement. Whether it should be done across all classes or within a single class is an important detail in trademark agreements. If the transfer covers all classes of the trademark, it is recorded as a full transfer. If both the transferee and transferor agree, the trademark transfer can also be done partially. In this case, the transferee may assume that they have acquired all goods or services under the trademark.
Since the transfer process does not conclude after notarization, it is essential for the trademark transfer agreement to be reflected in the records of the Turkish Patent and Trademark Office. Therefore, the individual or company acquiring the trademark must submit it to the relevant institution in connection with the notarized sales agreement and pay the required fee. After the fee is paid, the documents of the notarized sales agreement must be registered with the Turkish Patent and Trademark Office. In summary, the transfer process typically takes between 4 to 6 weeks to complete. Upon thorough examination by transfer experts, an official letter stating the approval of the transfer is issued.
After the transfer process is completed, a trademark registration certificate is not automatically issued. Those who acquire the trademark can request a trademark registration certificate by paying an additional fee. Working with a qualified patent firm can help you navigate these procedures smoothly and avoid any issues.
When it comes to trademarks, designs, and patents, these factors play a crucial role in demonstrating the quality and reliability of your business. Therefore, it is important not to compromise on quality when handling the necessary details and official procedures. Protecting your rights by obtaining your company's trademark or patent is essential for long-term success. For this reason, collaborating with an expert patent firm is highly recommended.
In this regard, Alkan Patent, with its years of experience, operates based on a working principle that meets your expectations. Our company's expert personnel meticulously examine all the details with the aim of protecting your trademark rights in your name, providing customer-centric services, and ensuring you experience reliable service. Elevating a brand and protecting the owner's rights while offering rational solutions to your problems is now much easier with Alkan Patent. To personally experience our experienced working approach when it comes to patent and trademark procedures, you can contact us using the contact numbers available on our website. When it comes to patent and trademark processes, Alkan Patent continues to be the only address where you can receive privileged service.
