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.
No notarization or legalization by Apostille is required.
Yes, a copy is sufficient for recordal, no original is required.
No, company minutes or proceedings of similar decision for merger and acquisition are not acceptable.
Official certification of notary public is not sufficient to record a merger and acquisition.
Yes, Turkish translation of official document approved by a sworn translator is required for recording merger and acquisition.
No, Power of Attorney (PoA) is not required for recording merger and acquisition.
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.
Yes, it is possible to record merger and acquisition without waiting for grant or registration.
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.
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 TURKPATENT .
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.
Seizure is not an obstacle to to record merger and acquisition.
Yes, change of ownership due to merger or acquisition is published in Turkish Trademark Bulletin.
Yes, a certificate of merger and acquisition is provided within 1 month approx. following request of merger and acquisition.
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