Trademark assignment is a frequently used legal mechanism in Turkish IP practice, particularly in cross-border transactions and corporate restructuring. However, Turkish law adopts a strict formal approach, especially regarding notarization and recordal.

This article provides a practical overview of trademark assignment and recordal procedures in Türkiye, based on statutory provisions and current practice.

Legal framework: Article 148 of the IP Code

Trademark assignments are governed by Article 148 of the Industrial Property Code No. 6769 (SMK).

Under this provision:

  • Trademark rights are freely transferable
  • Assignment may be:
    • Full, or
    • Partial (limited to certain goods/services)

Trademark rights may be transferred independently from the business.

Mandatory notarization requirement

A trademark assignment agreement must:

  • Be in writing
  • Be signed by both assignor and assignee
  • Be notarized (legalization by apostille or Turkish Consulate is not required)

❗ Electronic signatures are not valid for trademark assignment purposes in Türkiye.
❗ For Chinese companies: Documents certified by the China Council for the Promotion of International Trade (CCPIT) are not acceptable, as CCPIT is not recognized as a notary public in Türkiye.

Required contents of the assignment agreement

A properly drafted Deed of Assignment should clearly include:

  • Full details of the assignor and assignee:

    • Name
    • Address
    • Legal status

  • Clear identification of the trademark(s):

    • Trademark name
    • Application or registration number
    • Relevant classes

  • In case of partial assignment:

    • The specific list of goods/services subject to transfer

  • An explicit statement confirming the transfer of rights

Power of Attorney (PoA)

For recordal purposes, where the assignment is carried out through a trademark attorney (mandatory for foreign entities):

  • A Power of Attorney is required
  • A simple signed copy is sufficient
  • Notarization of the PoA is not required

Where the assignor and assignee are in different jurisdictions

Where the assignor and assignee are located in different jurisdictions and the signatories cannot be physically present together, the parties may proceed with a single assignment agreement, which is signed and notarized separately by each party in their respective jurisdictions.

Recordal before TÜRKPATENT

Is recordal mandatory?

  • Recordal is not required for validity
  • However, it is essential for third-party enforceability

Under Article 148:

  • Unrecorded assignments cannot be asserted against good-faith third parties

Recordal procedure

To record an assignment, the following are typically submitted:

  • Notarized assignment agreement
  • Recordal request (petition)
  • Official fee payment
  • Turkish translation (if applicable)

Once accepted:

  • The assignment is recorded in the registry
  • It is published in the Official Trademark Bulletin

Special case: Turkish company involvement

Where one of the parties is a Turkish company, additional practical considerations arise:

  • Turkish notaries generally require physical presence of the parties

Practical solution

The process can be handled through representation:

  1. Appointment of a local law firm

  2. Execution of Powers of Attorney:

    • Foreign party: PoA apostilled
    • Turkish company: PoA issued before a Turkish notary

  3. The representative signs the assignment before a Turkish notary on behalf of both parties

This approach is widely used in practice to streamline execution.

  • Before recordal:

    • Assignment is valid between parties
    • Not enforceable against third parties

  • After recordal:

    • Assignee becomes the official registered owner
    • Rights are fully enforceable against third parties

Practical recommendations

  • Ensure strict compliance with notarization requirements
  • Clearly identify trademarks (name, number and classes)
  • Specify goods/services clearly in partial assignments
  • Record the assignment without delay
  • Verify that foreign documents meet Turkish formal requirements

Common pitfalls

  • Improper or missing notarization
  • Use of electronic signatures
  • CCPIT-certified documents (not accepted)
  • Missing trademark identification details
  • Delayed recordal

These issues may result in invalid or unenforceable transfers.

Conclusion

Trademark assignment in Türkiye requires careful attention to formal validity (notarization) and legal effect (recordal). While notarization ensures a valid transfer, recordal is essential to secure enforceability against third parties.

A properly structured and documented assignment process is therefore critical to maintaining the integrity and value of trademark rights in Türkiye.

Note: You can also find valuable information on trademark assignments in Türkiye in FAQs page on assignments .