A registered trademark is a property right belonging to its owner; like real property, it can be assigned, leased (licensed), and passed on by inheritance. This article covers trademark assignment, licensing and inheritance.
Can a Trademark Be Assigned?
Yes. A registered trademark can be assigned (sold) to another party, in whole or in part (for specific classes). The assignment is made in writing and must be recorded in the TÜRKPATENT register to take legal effect. An assignment that is not entered in the register cannot be relied on against third parties.
Trademark Licensing: Letting Others Use It Without Assigning
If you do not want to assign the mark but want to allow others to use it, you can grant a licence. Licensing lets you retain ownership of the mark while granting a right of use under specific conditions. The franchise model also rests largely on trademark licensing.
Can a Trademark Be Inherited?
Yes. Because a trademark is a right forming part of the owner's estate, it passes to the heirs on the owner's death. The heirs can use the mark jointly, divide it among themselves, or assign it to someone else. Recording the succession in the register matters for the proper management of the rights.
Points to Watch in Assignment and Succession
- Register entry: Assignment, licensing and succession must all be recorded with TÜRKPATENT.
- Written form: The assignment agreement is made in writing.
- Scope: The assignment can cover all classes or be partial.
- Renewal: The assignee should track the protection period; see Trademark Renewal.
Why It Matters
Being assignable and inheritable is what makes a trademark a valuable corporate asset. In company sales, changes of ownership and succession across generations, the trademark is a line item that deserves attention. For the advantages of registering in the company's name, see Trademark Registration for Limited Companies.
Assignment and Succession Processes with Webx
Webx handles trademark assignment, licensing and succession processes on your behalf, including the register entry. Contact us about your assignment or succession matter.