FAQs on Recording Mergers/Acquisitions for Trademark Holders in Turkey
FAQs on Trademarks in Turkey
Is evidence required for recording a merger and acquisition?
Yes, an official document, i.e. an extract from Chamber of Commerce or Industry, Court or any officially authorized institution, should be submitted for recording merger and acquisition. The document should expressly mention the merger and acquisition and both old and new entities.
Should official documents be notarized or legalized by Apostille?
No notarization or legalization by Apostille is required.
Is a copy of official document sufficient for recording merger and acquisition?
Yes, a copy is sufficient for recordal, no original is required.
Are company minutes or proceedings of similar decision for a merger and acquisition acceptable?
No, company minutes or proceedings of similar decision for merger and acquisition are not acceptable.
Is official certification of notary public regarding merger and acquisition is sufficient to record merger and acquisition?
Official certification of notary public is not sufficient to record a merger and acquisition.
Is a translation of official document for recording merger and acquisition required?
Yes, Turkish translation of official documents approved by a sworn translator is required for recording merger and acquisition.
Is Power of Attorney required for recording merger and acquisition?
No, Power of Attorney (PoA) is not required for recording merger and acquisition.
Are official fees payable in order to record a trademark Assignment?
Yes, official fees are payable for recordal of merger and acquisition. If there are more than one trademark, official fees should be paid for each case separately.
Is it possible to record merger and acquisition whilst trademark application is pending but not yet granted?
Yes, it is possible to record merger and acquisition without waiting for grant or registration.
Is recordal of a merger and acquisition obligatory? If not, are there any negative consequences where the merger and acquisition is not recorded duly in the registry?
Recordal of a merger or acquisition is not obligatory. Mergers or acquisitions 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 the trademark against third parties acting in good faith unless and until they are duly entered in the trademark registry.
Is it possible to record merger or acquisition comprising multiple trademark cases by for request for recording merger or acquisition at TÜRKPATENT ?
Merger or acquisition should be individually handled for each case (case by case) and number of changes in the ownership affects the costs of the recordal of merger or acquisition even if requests for recordal of merger or acquisition are simultaneously filed at TÜRKPATENT.
Is there any deadline to record merger or acquisition?
There is no deadline and requirement to record merger or acquisition in the trademark registry to keep the trademark in force. The trademark remains effective independently from merger or acquisition.
If a trademark or trademark application is seized, is it still possible to record merger and acquisition?
Seizure is not an obstacle to record merger and acquisition.
Is Change of Ownership due to merger or acquisition published?
Yes, change of ownership due to merger or acquisition is published in the Turkish Trademark Bulletin.
Does TÜRKPATENT provide a certificate of change?
Yes, a certificate of merger and acquisition is provided within 1 month approx. following request of merger and acquisition.
Do you need advice?
We will be pleased to assist you and provide the necessary advice in response to your inquiries. Please feel free to contact us!
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