Trademark – Patent Transfer – Sales Transactions
Trademark – Patent Transfer – Sales Transactions, Trademark patent registration can be transferred to another person or company. Notarized trademark transfer agreement, which includes the trademark registration number and brand name, is required for the trademark patent transfer process. Notarized trademark transfer agreement is submitted to the Turkish Patent and Trademark Office in trademark patent transfer transactions. The Institution examining the transfer agreement confirms the transfer decision and sends a notification stating that the brand transfer has been completed. You can contact our team for your trademark patent transfer procedures and get more detailed information.
How is Brand Transfer Made?
Registered or applied trademarks can be transferred to third parties with a trademark transfer agreement. The contract must be notarized and registered with the Turkish Patent Institute. The trademark transfer agreement must be made in writing and approved by a notary public. In accordance with paragraph 4 of Article 148 of the Industrial Property Law, notary approval is a validity condition.
The transfer agreement must be signed in the presence of a notary public by the signatories of the parties or by the proxies appointed by the proxy.
Although notary approval is sufficient for the transfer agreement to be made between the parties, the Turkish Patent and Trademark Office (“Turkish Patent”).
In order to make this registration, to Turkish Patent:
- Submission of a petition requesting registration and a copy of the transfer agreement
- The transfer registration fee must be paid.
Content of Trademark Transfer Agreement
While it is possible to conclude a very comprehensive agreement that regulates the rights and obligations of the parties in detail, a very short agreement will be sufficient for the registration of the transfer, provided that it includes the following:
- Information on the identity of the transferor and the transferee
- Application/registration number of the subject trademark,
- List of transferable goods and services of the brand, if partial transfer is to be made.
Change of ownership due to merger or court decision
Ownership of a trademark may also change hands as a result of a merger of two companies or a court decision regarding such a change. In these cases, this change must also be registered with a Turkish Patent. This change is realized by submitting the petition requesting the change and the official documents showing the reason for the change to the Turkish Patent and paying the transfer registration fee to the Turkish Patent.
How to Sell a Brand? How to Transfer a Brand?
The registered trademark right is included in Article 148 of the Industrial Property Law. According to the article, it is one of the “transferable” rights to a third party. So it can be sold to a third party. 2 Again from the same article. According to the paragraph, it is possible to buy only the brand without taking over the shares of the company. It would be healthy to add some basic rules one by one below:
The brand transfer/sales contract must be signed by a notary public. (148/4) Otherwise, the contract will be deemed invalid and the money paid for the invalid/ordinary written trademark transfer contract may be requested to be returned in accordance with the provisions of unrequited enrichment.
After the conclusion of the sales contract, one of the buyer or seller parties must notify the Turkish Patent and Trademark Office and request the replacement of the registered trademark owner. Otherwise, the sale transaction will not bind third parties. In the registry, the former owner still appears as the owner of the brand.
In order for the transfer of the trademark to have consequences in the Institution’s records, the request form, the valid transfer agreement and the document showing that the transfer fee has been paid must be submitted to the Institution and an application must be made.
Can a Patent Right be Transferred?
In Turkey, patents can be transferred to third parties with a patent transfer agreement. A patent transfer agreement is a contract in which the patent owner or patent applicant transfers his right, title and interest on the patent or patent application to someone else.
How to Transfer the Patent Right?
Patent transfer, a patent or an application can be transferred to third parties by the owner. This transfer process becomes valid against third parties only upon registration in the patent registry. The right to skate can be transferred to other persons in terms of its legal nature.
A patent gives its owner the right to produce and use it, as well as an income opportunity by selling and using it. The patent can be transferred to someone else. In such a case, all rights pass indefinitely to the person or company who took the transfer. With the patent transfer process, all rights of the transferor on the patent expire.
Transfer agreements provide income to companies that attach importance to their inventions by investing in R&D. The patent transfer process is a proof of how valuable that patent is and that it is applicable to the industry. This is also an indication that patent holders can actually make an invention. A commercializable patent means an invention with high added value.
Patent transfer takes place when a transfer agreement to be made between the applicant and the transferee in December, which will be made through a notary public, is submitted to the Turkish Patent Institute. The relevant contract must be registered in the Turkish Patent Institute registry.
Since patent transfer transactions are transactions that may lead to loss of rights, it is recommended to be carried out by proxy companies that are experts in their fields.
