There are two types of license, exclusive and non-exclusive. A license is not exclusive if it is not agreed so in License Agreement. In the case of non-exclusive License Agreements, licensor can use trademark too and Licensor can grant sub-licenses for the same trademark. In the case of exclusive License Agreements, licensor cannot grant further licences to third parties, and cannot use trademark unless it reserves its rights obviously.
No, licensees cannot assign their license rights to third parties unless any clause is available for right to assign in License Agreement.
Licensee can take any action, unless otherwise agreed, in respect of the use of trademark. If licensee does not act in compliance with the terms and conditions of License Agreement, licensor can put forward its rights of trademark against Licensee.
No, License can be granted and recorded for a pending trademark application.
There is no requirement to disclose or declare consideration in order to validly license the rights.
No, it is optional to indicate the term of the license. If the license is granted for a term, the license can be renewed.
No, License should be done mutually and the express acceptance and declaration of licensee is required. In other words, both licensee and licensor should simply sign License Agreement.
There is no requirement for notarization or legalization of a License Agreement. Simple signatures of licensor and licensee on License Agreement are sufficient to record License in the trademark registry.
Yes, license can be granted for only some of goods and/or services
Recordal of license is not obligatory. Licenses can only have effect against third parties, who are acting in good faith, as from the date of their entry in the trademark registry. In other words, it is not possible to put forward the rights on trademark against third parties acting in good faith unless and until they are duly entered in the trademark registry.
No actually, a copy of License Agreement is sufficient provided that Trademark Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording License.
License should be individually handled for each case (case by case).
Power of Attorney is not required for recording a license.
There is no deadline and requirement to record License Agreement in the trademark registry.
Yes, official fees are payable for recordal of a license. If there are more than one trademark within the scope of license, official fees should be paid for each case separately.
Yes, two separate license documents of the same content signed and legalized in two different countries are acceptable for recording license.
Yes, it is acceptable provided that License refers to Turkish trademark application or registration number(s) therewithin.
Yes, change of ownership due to license is published in Turkish Trademark Bulletin.
Seizure is not an obstacle to license the rights of a trademark.
Pledge is not an obstacle to license the rights of a trademark.
In a License Agreement, trademark registration number and list of goods and services subject to License are required; otherwise, recording the license will not be allowed in the trademark registry.
Do you have further questions about license agreements for trademarks in Turkey? Please contact us. We will answer your questions as soon as possible.