Yes, designs can be pledged.
Pledge Agreement is required for recording a pledge.
Yes, pledge should be recorded for each pledgee and official fee for each pledgee should be paid.
No, pledge can be registered for a pending design application.
No, it is not necessarily required to be indicated in Pledge Agreement.
There is no requirement for notarization or legalization of Pledge Agreement. Simple signatures of Pledgor and Pledgee on Pledge Agreement are sufficient to record Pledge in the registry.
Recordal of a pledge is not obligatory. pledges can only have effect against third parties, who are acting in good faith, as from the date of their entry in the design registry. In other words, it is not possible to put forward the rights on the design against third parties acting in good faith unless and until they are duly entered in the design registry.
No actually, a copy of the pledge Agreement is sufficient provided that Patent and Trademark Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording pledge.
Pledge should be individually handled for each case (case by case).
Power of Attorney is not required for recording a pledge.
There is no deadline and requirement to record pledge.
Yes, official fees are payable for recordal of a pledge. If there are more than one design within pledge, official fees should be paid for each case separately. Furthermore, if there are more than one pledgees, official fee should be paid for each pledgee.
Yes, it is acceptable provided that pledge refers to Turkish design application or registration number(s) therewithin.
Yes, pledge is published in Turkish Design Bulletin.
Yes, a pending design application can be pledged; there is no requirement for grant or registration of application for the pledge.
In Pledge Agreement, design or design application number subject to pledge are required; otherwise, recording pledge will not be allowed in the design registry.
Pledge ceases in the following conditions:
Yes, cancellation of a pledge in the design registry is only possible if pledgee or pledgees request the removal of pledge from the design registry. If pledgee or pledgees refrain from removing pledge, pledgor can file a court action in respect of cancellation of pledge and can file request for removal of pledge based on the court decision.
No, pledge of rights is not an obstacle to assign those rights.
Yes, a certificate or confirmation letter of pledge is issued.
Do you have further questions about pledge agreements for design registrations in Turkey? Please contact us. We will answer your questions as soon as possible.