# How to Assign a Trademark in Turkey: Step-by-Step Guide

> A trademark is assigned in Turkey by a notarised agreement and recordal with TÜRKPATENT. Step-by-step process, contract terms, partial assignment and 2026 fee.

- Canonical: https://www.webx.net.tr/en/blog/how-to-assign-a-trademark-in-turkey
- Language: en
- Last updated: 2026-10-23
- Publisher: Webx Marka Patent ve Fikri Sınai Haklar Danışmanlık A.Ş. (https://www.webx.net.tr/)

_Machine-readable copy of the page above. The canonical HTML page is authoritative; fees and regulations may change — check the last-updated date._

---

A trademark assignment rests on two pillars: the parties sign a **written assignment agreement approved by a notary**, and the assignment is **recorded in the TÜRKPATENT register** (TÜRKPATENT is Turkey's patent and trademark office). Notary approval is a condition of validity; an agreement without it does not transfer the trademark. Recordal in the register costs TRY 5,960 under the 2026 fee schedule and makes the assignment enforceable against third parties.

These are also the two steps people most often skip, and skipping them has different consequences. Without notary approval there is legally no assignment at all, even if the price has been paid. If recordal is postponed, the assignment is valid between the parties but cannot be asserted against third parties acting in good faith.

Why a trademark is a transferable asset in the first place is briefly explained in [Can a Trademark Be Assigned?](https://www.webx.net.tr/en/blog/trademark-assignment-and-inheritance) How long the transaction takes is dealt with in [a separate article](https://www.webx.net.tr/en/blog/how-long-does-a-trademark-assignment-take), and the cost items in [Trademark Assignment Fees in Turkey 2026](https://www.webx.net.tr/en/blog/trademark-assignment-fees-in-turkey-2026).

## What Is a Trademark Assignment?

A trademark assignment is the transfer, by agreement, of all the rights conferred by a registered trademark (or, in a partial assignment, some of them) to another natural or legal person. With the assignment, the owner of the trademark changes: the new owner takes over the rights to use the trademark, to allow others to use it, to renew it and to sue for infringement; the former owner's rights in the trademark come to an end.

An assignment needs to be distinguished from two transactions it is often confused with. A **licence** grants permission to use without transferring ownership; the trademark stays with its owner. **Franchising** is a broader business-model agreement that also includes permission to use the trademark. If what you are after is a revenue model rather than a permanent change of hands, our [Trademark Licence Agreement](https://www.webx.net.tr/en/blog/trademark-licence-agreement-guide) guide is the better starting point.

A trademark is an asset independent of the business it belongs to: the trademark alone can be sold without the company being transferred. When a business or company is transferred, on the other hand, the agreement should state expressly whether the trademark passes too. Deals built on an "everything included" assumption leave trademarks forgotten in the register under the former owner's name.

## The Legal Requirements for a Trademark Assignment

### Written agreement and notary approval: a condition of validity

Article 148 of the Industrial Property Code (Law No. 6769) requires an assignment to be in writing and adds something more important: **the validity of the assignment agreement depends on its approval by a notary**. This is not a matter of making proof easier; it is a constitutive requirement. Issuing an invoice, agreeing by email, or even a protocol signed by both parties that never went to a notary does not transfer ownership of the trademark. Having paid the price changes nothing.

In practice, the agreement is prepared by the parties and the signing/approval takes place before the notary. Where a company is a party, it should also be confirmed, through its signature circular and authorisation documents, that the agreement was signed by a person authorised to make the assignment.

### Recordal in the register: a shield against third parties

A notarised agreement makes the assignment valid between the parties; however, rights arising from an assignment that has not been recorded in the register **cannot be asserted against third parties acting in good faith**. An assignee without a recordal is unprotected against anyone who deals in the trademark in reliance on the register. For two exceptional types of mark the bar is even higher: **the assignment of a certification mark or a collective mark becomes valid only upon recordal in the register**.

Recordal also matters greatly in practical terms: only the owner shown in the register can request renewal, notices from the Office are sent to the address in the register, and the active party in opposition and court proceedings is the owner of record. Not recording the assignment means owning the trademark you have bought on paper only.

## The Trademark Assignment Process Step by Step

### 1. Preliminary review: obtain the trademark's register record

Before the assignment, a current extract from the register for the trademark file should be examined: when does the term of protection expire, which classes does the scope include, and is there a pledge, attachment, interim injunction or recorded licence on it? Encumbrances recorded in the register pass to the assignee together with the trademark. On the buyer's side the second question is the price: for a realistic value of the trademark, see the methods of [trademark valuation](https://www.webx.net.tr/en/blog/how-trademark-valuation-works).

### 2. Draft the assignment agreement

The agreement should, at a minimum, make the following clear: the parties' identity or trade name details, the trademark's registration number and scope, whether the assignment is full or partial, the price and payment schedule, and the parties' representations and warranties. A detailed list of clauses follows in the next section.

### 3. Obtain notary approval

The agreement is approved by a notary. If this step is skipped, or put off with "we'll do it later", there is legally no assignment at all; the fact that payment has been made does not change the result.

### 4. Apply to TÜRKPATENT to record the assignment

Recordal of the assignment is requested through EPATS at the request of either party; the notarised assignment agreement (or a notarised document evidencing the assignment) is attached to the file, and the recordal fee, **TRY 5,960** under the 2026 fee schedule, is paid. Parties resident abroad must conduct the transaction through a trademark attorney entered in the register of attorneys.

### 5. Recordal in the register and publication in the Bulletin

If the Office finds the documents in order, it enters the assignment in the register and publishes it in the Bulletin. In a full assignment, the file continues in the new owner's name. In a partial assignment, **a new trademark file** is created for the assigned goods/services; from that moment the two records live independently, each with its own renewal calendar.

## What the Assignment Agreement Must Cover

- The assigned trademark or trademarks are identified by registration number; in a partial assignment, the classes and the list of goods/services are set out item by item.
- The price and payment schedule (lump sum or instalments), whether payment comes before or after recordal, and the default provisions are agreed.
- If the assignor holds other registrations, applications or domain names bearing the same wording, the agreement decides what happens to them. Otherwise the same sign ends up with two separate owners in the market.
- The status of licences, pledges and attachments recorded in the register is stated, and the assignor warrants that the "register is clean".
- The assignor represents and warrants that the trademark is valid, that there is no claim that it infringes third-party rights, and that it carries no risk of revocation under the use requirement.
- The assignor undertakes not to use the same or a similar sign after the assignment and not to file for it again.
- The agreement says which party bears the notary fee and the recordal fee.

## Partial Assignment: Splitting a Trademark to Assign It

A trademark can be assigned for some of the goods or services covered by its registration. For example, a trademark registered for both clothing (Class 25) and cosmetics (Class 3) can be assigned for the cosmetics class only; the clothing side stays with the assignor.

A partial assignment is a flexible tool, but it brings two risks. One is confusion in the market: if the same sign is used by two different owners in neighbouring sectors, consumers cannot tell the commercial origin apart. That is why a partial assignment makes sense only between groups of goods/services that do not overlap. Then there is the administrative load. Every split file means separate renewal, separate monitoring and a separate burden of proving use. There are other ways to share one trademark among several people; [Can a Trademark Be Assigned to Multiple Owners?](https://www.webx.net.tr/en/blog/can-a-trademark-be-assigned-to-multiple-owners) goes through them.

## Transfers Without an Assignment Agreement: Mergers, Changes of Form and Inheritance

### Merger, demerger and change of legal form

Where the company that owns the trademark merges with another company or undergoes a demerger, the trademark passes to the new legal entity as a result of that structural transaction; recordal in the register is based on trade registry documents rather than an assignment agreement (Article 125(4) of the Regulation) and is charged under a separate item in the fee schedule (02.01.07). A change of legal form, by contrast, is not an assignment: the converted company continues the old one and the change is recorded like a change of trade name (Article 128 of the Regulation), with no separate item in the fee schedule. A change of trade name is not an assignment either: the owner of the trademark stays the same and only its name changes. That distinction is worked through in [Does a Company Name Change Affect a Trademark Registration?](https://www.webx.net.tr/en/blog/does-a-company-name-change-affect-a-trademark)

### Transfer by inheritance

When the owner of a trademark dies, the trademark passes to the heirs together with the estate; recordal in the register is based on the certificate of inheritance. This works differently from a contractual assignment; for the details, see [Can a Trademark Be Inherited?](https://www.webx.net.tr/en/blog/can-a-trademark-be-inherited)

## 5 Mistakes That Undermine an Assignment

1. **Settling for a private agreement.** Without notary approval the assignment is invalid; this is the most expensive mistake.
2. **Postponing recordal.** Every month that passes without recordal increases the risk from good-faith third parties and the chance of a double assignment; if the renewal period arrives while the assignment is unrecorded, the transaction stalls.
3. **Taking over a trademark without checking the register entries.** A pledged or licensed trademark can end up costing more than its price.
4. **Forgetting the rest of the portfolio.** If similar registrations and domain names left with the assignor are not dealt with in the agreement, the buyer holds the trademark but the seller keeps the market.
5. **Setting the price without a valuation.** A negotiation conducted without pricing in the trademark's age, reputation, scope and revocation risks is a shot in the dark for both parties.

## After the Assignment: The Assignee's Checklist

For the assignee, completion of the recordal is not the finish line but the starting point. Actually taking possession of the trademark also involves the following steps:

- Take over the renewal calendar. The term of protection is not extended by the assignment; the former owner's calendar is now yours. Calculate the expiry date from the filing date according to the rule in our [renewal guide](https://www.webx.net.tr/en/blog/how-to-renew-a-trademark) and set a reminder.
- Remember that the use requirement is now yours too. The five-year use period is not reset by the assignment; if the trademark you acquired has gone unused for years, you have also acquired the risk of revocation. Archive evidence of use (invoices, packaging, advertising) from the start of your own period of ownership.
- Start Bulletin monitoring. The right to oppose similar applications now belongs to you, but nobody can use it for a trademark that is not being watched.
- Collect the connected assets one by one. Domain names, social media accounts, brand registrations on e-commerce platforms and any customs recordal do not pass automatically with the register; each must be transferred on its own platform.
- Update your dealership, supply and licence agreements; references to the trademark in them should be renewed on the basis of the new ownership.

## Questions to Settle Before Anyone Signs

Once the agreement has been notarised and the assignment entered in the register, the rest is procedure, and a properly prepared assignment is finished within a few weeks. What drags a deal out, or makes it contentious later, is the questions nobody asked before signing: what encumbrances sit on the register, what the scope actually covers, what the price was based on. If you are the assignee, do not sign until the assignor's warranty on register encumbrances is written into the agreement.

Whichever side of the deal you are on, the first step is to see the register status. Share the trademark number with us using the [contact page](https://www.webx.net.tr/en/iletisim); we will then report on encumbrances, entries and the term of protection, structure the agreement to meet the procedural requirements and complete the TÜRKPATENT recordal on your behalf. After the assignment, our [trademark watch service](https://www.webx.net.tr/en/hizmetler/marka-izleme) takes over renewal and Bulletin monitoring for the new portfolio.

## Sources

- [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Art. 148: legal transactions (assignment)
- [TÜRKPATENT — Trademark Fees (2026)](https://www.turkpatent.gov.tr/marka-islem-ucretleri) (turkpatent.gov.tr) — Item 02.01.06 assignment recordal fee

## Frequently Asked Questions

### In short, how is a trademark assigned?

A trademark is assigned in two steps: the parties sign a written assignment agreement and have it notarised (SMK Article 148(4)); the assignment is then recorded in the register of TÜRKPATENT (the Turkish Patent and Trademark Office) through EPATS at the request of either party and published in the Bulletin (Article 148(5)). The agreement must state the registration number and the trademark name (Implementing Regulation). Recordal costs TRY 5,960 under the 2026 fee schedule (item 02.01.06). Pending applications can also be assigned (Article 148(8)).

### Is notarisation mandatory for a trademark assignment?

Yes. Under Article 148(4) of the Industrial Property Code (SMK), an assignment agreement must be in writing and its validity depends on notarisation; this is not merely a matter of proof but a condition of validity. An invoice, an exchange of emails or a signed but un-notarised protocol does not transfer ownership of the trademark, even if the price has been paid. Other transactions such as licences only need to be in writing; notarisation is required for assignments.

### What happens if the assignment is not notified to TÜRKPATENT?

The assignment remains valid between the parties, but rights arising from an assignment not recorded in the register cannot be asserted against third parties acting in good faith (SMK Article 148(5)). Because the register still shows the former owner, renewal requests, notices from the Office and oppositions are also disrupted in practice. Every unrecorded month increases the risk of a double assignment; failing to record it means you own the trademark on paper only.

### How much does a trademark assignment cost?

Under the 2026 fee schedule, recording an assignment or partial assignment costs TRY 5,960 (item 02.01.06). Notarisation costs are added to this, as is a service fee if you work with an attorney. Recording a structural change such as a merger or demerger is a separate item at TRY 4,360 (02.01.07). The schedule is updated every year, so check the current amount in the TÜRKPATENT fee schedule.

### Can a trademark be assigned separately from the business?

Yes. A trademark is an asset independent of the business: under SMK Article 148(2), assignments and other transactions can be carried out separately from the business, so the trademark alone can be assigned without transferring company shares or the business. The reverse also applies: when a business or company is transferred, the agreement should state expressly whether the trademark passes too; otherwise it may be left in the register in the former owner's name.

### Can only part of a trademark be assigned?

Yes. A trademark can be assigned for all or some of the goods or services covered by the registration; this is a partial assignment (SMK Article 148(6)). The agreement must list the goods, services and classes transferred. A new file with a new registration number and certificate is created in the assignee's name for that part; the protection start date and term do not change, and the two records then live independently (Implementing Regulation).

### Can I take over a trademark registered to my company in my own name?

Yes. An assignment from a company to an individual follows the ordinary procedure: a written, notarised agreement and recordal in the register (SMK Article 148(4) and (5)). Because the company is a separate legal person, the agreement is signed on its behalf by someone authorised to make the assignment, and that authority should be confirmed with the signature circular and authorisation documents. Recordal costs TRY 5,960 under the 2026 fee schedule (item 02.01.06).

### Does a licence or pledge on the trademark I acquire pass to me?

Yes. Pledges, attachments and licences recorded in the register stay with the trademark and can be asserted against the assignee; a pledge or attachment does not prevent the assignment (Implementing Regulation). Transactions that were not recorded cannot be asserted against an assignee acting in good faith (SMK Article 148(5)). Obtain an extract from the register before the assignment and check every entry; a trademark acquired with an unclean record can cost more than its price.

### Are collective marks and certification marks assigned in the same way?

Partly. The written, notarised agreement is still required, but the assignment of a certification mark or a collective mark becomes valid only upon recordal in the register (SMK Article 148(7)). For an ordinary trademark, recordal makes the assignment enforceable against third parties acting in good faith (Article 148(5)), whereas for these marks recordal is itself a condition of validity. The same rule applies to licences granted for a collective mark.

## Related Resources

- [Legal Protection](https://www.webx.net.tr/en/hizmetler/hukuki-koruma): Explains attorney support for bulletin oppositions, appeals against refusals, counter-statements and trademark infringement cases.
- [Trademark Registration](https://www.webx.net.tr/en/hizmetler/marka-tescil): Explains how a trademark application is handled before TÜRKPATENT, from the preliminary search and class selection to the registration certificate.
- [How Long Does a Trademark Assignment Take in Turkey? Stage-by-Stage Timeline](https://www.webx.net.tr/en/blog/how-long-does-a-trademark-assignment-take): The agreement and notary take a few days; TÜRKPATENT recordal can take weeks depending on the file. A stage-by-stage timeline and what delays an assignment.
- [Trademark Assignment Fees in Turkey 2026: Official Fee Schedule, Notary and Total Cost](https://www.webx.net.tr/en/blog/trademark-assignment-fees-in-turkey-2026): The 2026 fee for recording a trademark assignment in Turkey is TRY 5,960. The real cost with notary, attorney, partial assignment and inheritance items.
- [Can a Trademark Be Inherited? How a Trademark Passes to Heirs in Turkey](https://www.webx.net.tr/en/blog/can-a-trademark-be-inherited): A registered trademark can be inherited: it joins the estate on death and passes to the heirs. Recordal with a certificate of inheritance, multiple heirs and fee.
- [Can a Trademark Be Assigned? Assignment, Inheritance, Licensing and Pledges](https://www.webx.net.tr/en/blog/trademark-assignment-and-inheritance): Can a trademark be assigned in Turkey? Yes: under SMK Art. 148 it can be assigned, inherited, licensed, pledged or attached. Routes, documents and 2026 fees.
- [Trademark Valuation: What Is Your Brand Worth on the Balance Sheet?](https://www.webx.net.tr/en/blog/how-trademark-valuation-works): How trademark valuation works: cost, market and income approaches, the relief-from-royalty method, and why a brand you built stays off the balance sheet.
- [Patentability Search vs. Freedom-to-Operate Analysis: What Is the Difference?](https://www.webx.net.tr/en/blog/patentability-search-vs-freedom-to-operate): Why are an FTO analysis and a patentability search separate? Differences in question, scope, country and status, free databases and your options after FTO.