# Trademark Registration for Joint-Stock Companies: Group Companies, Licensing and Portfolio

> Trademark registration for joint-stock companies in Turkey: which group entity should own the mark, intra-group licenses, pledges, mergers and 2026 fees.

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Trademark registration for joint-stock companies (anonim şirket, A.Ş.) in Turkey means filing the application with TÜRKPATENT (Turkish Patent and Trademark Office) under the company's trade name and tax number, through the persons authorized to represent the company or through a trademark attorney; the steps and official fees are the same as for any other applicant. **In a joint-stock company, the real decision is which group entity the mark is registered to and on what legal basis the other group companies use it.**

Below you will find the internal authorization and approval flow for a filing, a comparison of the three ownership models in a group structure, how to set up an intra-group license, the scope of the main brand and sub-brands, the role of the trademark in pledges, mergers and acquisitions, and how to monitor a large portfolio.

## How Do You File a Trademark Application in a Joint-Stock Company's Name?

The application is filed through EPATS with the joint-stock company itself named as the applicant; the applicant field must show the company's full trade name exactly as registered (including the words "Anonim Şirketi") and its tax number. From the preliminary search to registration, the steps are the same as for limited companies; we set out the detailed flow in our guide to [trademark registration for limited companies](https://www.webx.net.tr/en/blog/trademark-registration-for-limited-companies).

Official fees do not vary with the type of applicant. Under the TÜRKPATENT 2026 fee schedule, each of the first two classes costs TRY 2,820 (02.01.01–02.01.02), each third and subsequent class TRY 3,150 (02.01.28), and the registration fee is TRY 7,010 (02.01.03). The fee schedule is updated every year, so check the amounts before you file.

### Who approves the application, and who handles it?

Under Article 160(2) of the Industrial Property Law No. 6769 (SMK), legal entities are represented by the natural person or persons appointed by their authorized bodies. These persons sign the application form, or the filing is handled by a trademark attorney the company has appointed. The Regulation does not list a board resolution among the documents to be attached to the application form (Regulation on the Implementation of the Industrial Property Law, Art. 6); how the decision is taken inside the company depends on its own internal authorization rules.

In corporate structures, the usual problem is not authority but fragmentation: marketing starts using a new product name, and the legal team and the attorney hear about it only after the launch. A simple internal approval flow prevents this:

1. **Request:** The product, marketing or investment team submits the new name, logo or slogan together with the goods and services it will be used for.
2. **Search:** The name is searched for identical and similar marks, and the level of risk is reported in writing.
3. **Owner decision:** The team decides which group company the mark will be registered to.
4. **Approval:** Under the company's authorization rules, the authorized officer or board approves the filing, its scope and its budget.
5. **Filing and records:** The application is filed, and the application number, classes and key dates are entered in the company's trademark inventory.

## Which Group Company Should Own the Trademark?

In most groups, the soundest structure is to hold the marks in a single company (the parent or a dedicated brand-holding company) and have the other group companies use them under written licenses. It is not the only valid model; depending on how the group is organized, three options stand out:

| Model | How does it work? | Strength | Risk | Best suited to |
| --- | --- | --- | --- | --- |
| Central ownership plus intra-group licenses | Marks are held by the parent or a brand-holding company; operating companies use them under license | One inventory, one renewal calendar, consistent watching and opposition decisions | If the licenses are never written down, the legal basis for use becomes unclear | Groups operating under a shared umbrella brand |
| Each company owns its own marks | Each operating company registers the marks it uses in its own name | When a company is sold or leaves the group, its marks go with it automatically | Scattered ownership, duplicate filings, missed deadlines | Independent business lines, companies earmarked for sale |
| Hybrid model | The umbrella brand sits centrally; product marks specific to one company stay with that company | The umbrella brand stays protected while business lines keep flexibility | If the boundaries are not written down, it becomes unclear who owns which mark | Groups working in different sectors under one umbrella brand |

In the central model, the owning company does not have to trade itself in every field the mark covers. The SMK does not make the right to apply conditional on actual business activity (Art. 3); what is expected after registration is genuine use within five years (Art. 9(1)). Because use with the owner's consent counts as use by the owner (Art. 9(3)), a group company using the mark under license satisfies this requirement on the parent's behalf as well. If a company is expected to be sold or to leave the group, registering the marks specific to it in its own name from the outset avoids a later assignment.

## How Do You Set Up an Intra-Group Trademark License?

An intra-group license means that the group company owning a mark allows another company in the same group to use it without transferring ownership. Under SMK Art. 24, a mark can be licensed for some or all of the goods and services for which it is registered; a license can be exclusive or non-exclusive, and unless the agreement says otherwise it is non-exclusive. Unless the agreement permits it, the licensee cannot transfer the license or grant sublicenses (Art. 24(3)), and the licensor must take measures to safeguard the quality of the licensee's goods and services (Art. 24(4)).

Legal transactions are subject to written form (Art. 148(4)). A license is created between the parties by a written agreement; recording it in the register makes the rights under it enforceable against third parties acting in good faith (Art. 148(5)). For recordal, Article 20 of the Regulation requires an agreement signed by both parties that identifies the licensed goods and services, the registration number, the mark and, if any, the license fee and term. Under the 2026 fee schedule, the fee for recording and renewing a license is TRY 9,870 (02.01.09). Unless the agreement provides otherwise, a group company holding an exclusive license can bring in its own name the infringement actions the owner could bring (Art. 158(1)).

Unlike an ordinary license, an intra-group license must cover these four points:

- **Leaving the group:** Whether the license ends automatically if the licensee company is sold or leaves the group, and what transition period applies.
- **Sublicensing:** Who holds the authority to grant permission to dealers, franchisees or contract manufacturers.
- **Quality and presentation:** Which company runs the brand guidelines and quality control.
- **Evidence of use:** Regular delivery of invoices, packaging and advertising samples to the owner, so they can be produced when proof of use is required.

The agreement's other clauses (fee model, audits, post-termination) are common to every license and are covered in detail in our [trademark license agreement guide](https://www.webx.net.tr/en/blog/trademark-licence-agreement-guide).

## How Do You Protect the Main Brand, Sub-Brands and Product Names?

Every separate sign means a separate application: under SMK Art. 11(2), each application may seek registration of only one mark. Scope decisions must therefore be taken one by one for the main brand, sub-brands, product line names and long-term slogans. A practical rule: register every name that will attract investment, be used for years or be licensed; short-lived campaign phrases often do not justify that investment.

Discipline in class selection is the biggest item in a corporate trademark budget. Every unnecessary class adds filing and renewal costs, and coverage not used within five years of registration becomes open to revocation (Art. 9(1)). We explain how to size the number of classes to the business plan in our article on [how many classes a trademark should cover](https://www.webx.net.tr/en/blog/how-many-classes-should-a-trademark-cover).

Strategic issues such as the inventory, gap analysis, deadline calendar and brand architecture belong to the portfolio rather than to any single application. In joint-stock companies, marks tend to drift over time into different group companies and founders' names; we cover how to consolidate them in our guide to [trademark portfolio management](https://www.webx.net.tr/en/blog/trademark-portfolio-management).

## How Are Trademarks Used in Pledges, Mergers and Acquisitions?

A trademark can serve as a standalone asset in a joint-stock company's financing and restructuring transactions. Under SMK Art. 148(1), trademark rights can be assigned, licensed, pledged, provided as security and attached, and these transactions can take place independently of the business (Art. 148(2)). The 2026 official recordal fees for the most common transactions are as follows:

| Transaction | Basis for recordal | 2026 official fee |
| --- | --- | --- |
| Intra-group or third-party license | Signed license agreement | TRY 9,870 (02.01.09) |
| Pledge | Pledge agreement | TRY 6,010 (02.01.10) |
| Merger, demerger, in-kind capital contribution | Turkish Trade Registry Gazette entry or document | TRY 4,360 (02.01.07) |
| Assignment between group companies | Notarized assignment agreement | TRY 5,960 (02.01.06) |
| Change of trade name or company type | Turkish Trade Registry Gazette entry or document | No separate tariff item |

### Pledges and security

A trademark pledge means tying the mark to a creditor as security for a debt. The pledge is recorded in the register on submission of the pledge agreement and payment of the fee, and published in the Bulletin; recorded pledges are also notified to the Pledged Movables Registry established under Law No. 6750 on Pledges of Movable Property in Commercial Transactions (Regulation Art. 127). The SMK requires written form; it expressly requires notarization only for assignment agreements (Art. 148(4)).

A pledge does not prevent the mark from being assigned, but it also does not stop the right from lapsing if the renewal fee goes unpaid (Regulation Art. 127(5)). That is why lenders want the renewal calendar secured in the loan agreement. The owner, for its part, cannot surrender the mark without the consent of rights holders recorded in the register (SMK Art. 28(4)).

### Mergers, demergers and changes of company type

A merger or demerger may change the legal entity that owns the mark. The change is recorded in the register on a request form together with the Turkish Trade Registry Gazette entry or document in which the transaction was published (Regulation Art. 125(4)); in the TÜRKPATENT fee schedule, the item for "transactions relating to structural changes such as mergers, demergers or in-kind capital contributions" is TRY 4,360 in 2026 (02.01.07). On a change of trade name or company type, the owner stays the same and the register details are updated; we explain the steps in our guide to [recording a trademark owner name change](https://www.webx.net.tr/en/blog/recording-a-trademark-owner-name-change).

### Pre-acquisition and pre-investment review

When acquiring a company or a business line, verify separately for each mark whether it is actually registered to the target company, what it covers, whether it is in use, and whether any license, pledge or attachment is recorded against it. You will find the checklist in our article on [IP due diligence before acquiring a company](https://www.webx.net.tr/en/blog/ip-due-diligence-before-acquiring-a-company). If the price negotiation needs data, we discuss the approaches to measuring a mark's worth in our article on [how trademark valuation works](https://www.webx.net.tr/en/blog/how-trademark-valuation-works).

## How Do You Monitor a Joint-Stock Company's Trademark Portfolio?

In large portfolios, rights are usually lost through a missed deadline. If a similar application published in the Official Trademark Bulletin is not opposed within two months of publication (SMK Art. 18), it may proceed to registration; if renewal is not made in the six months before protection expires, the grace period and an additional fee come into play (Art. 23).

Webx's [trademark watch service](https://www.webx.net.tr/en/hizmetler/marka-izleme) scans the weekly bulletins for new applications similar to the marks in your portfolio and monitors multiple marks under a single setup. Alongside watching, the inventory, ownership, use archive and budget should be reviewed once a year; evidence of use matters especially, because when you oppose on the basis of a mark registered for at least five years, the applicant can ask you to prove your use during the preceding five years (Art. 19(2)). You will find a quarter-by-quarter calendar in our guide to the [annual IP audit for companies](https://www.webx.net.tr/en/blog/annual-ip-audit-for-companies).

## Conclusion

- Trademark registration for joint-stock companies is no different from other companies at the filing stage; the form is signed by the persons authorized to represent the company, or the filing is handled by a trademark attorney.
- Which group company owns the mark is a deliberate choice of model; in most groups, central ownership with written intra-group licenses is the most orderly structure.
- Use by a licensed group company counts as use by the owner (Art. 9(3)); recording the license (TRY 9,870 in 2026) gives protection against third parties.
- A mark can be pledged (TRY 6,010 recordal), and mergers and demergers require a structural-change recordal (TRY 4,360); there is no separate tariff item for a change of trade name or company type.
- A portfolio keeps its value through watching, a renewal calendar and a use archive; before an acquisition or investment, the register entries must be verified independently.

### Shall we bring your group's trademarks into one orderly structure?

Acting as a trademark attorney before TÜRKPATENT, Webx handles [corporate trademark registration](https://www.webx.net.tr/en/hizmetler/marka-tescil) filings: the preliminary search, settling which group company should file, structuring the classes and the list, the EPATS filing, and following license, pledge or structural-change recordals through TÜRKPATENT. Send us your group structure and your marks through our [contact page](https://www.webx.net.tr/en/iletisim), and we will map out the ownership and recordal plan together.

## Sources

- [Industrial Property Law No. 6769 (Türkiye)](https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6769&MevzuatTur=1&MevzuatTertip=5) (mevzuat.gov.tr) — Art. 9(3), 24, 28(4), 148, 160(2)
- [Regulation on the Implementation of the Industrial Property Law (Official Gazette 24.04.2017, No. 30047)](https://www.resmigazete.gov.tr/eskiler/2017/04/20170424-5.htm) (resmigazete.gov.tr) — Art. 20 (license recordal), 125(4), 127 (pledge)
- [TÜRKPATENT — Trademark Fees (2026)](https://www.turkpatent.gov.tr/marka-islem-ucretleri) (turkpatent.gov.tr) — Items 02.01.06, 02.01.07, 02.01.09, 02.01.10

## Frequently Asked Questions

### Can a holding company register a trademark in classes where it does not trade itself?

Yes. The SMK does not make the right to apply conditional on the applicant actually trading in that class. What matters is use after registration: the mark must be put to genuine use within five years, and use with the owner's consent counts as use by the owner (Art. 9(3)). An operating company using a holding-owned mark under a written license satisfies this requirement on the holding company's behalf.

### Can an intra-group trademark license be royalty-free?

The SMK sets no requirement that a license be paid for, and for recordal the Regulation asks the agreement to state the license fee only "if any." A royalty-free license between group companies can therefore be validly granted and recorded. The tax and accounting consequences of a paid or royalty-free license are outside the scope of the SMK and should be reviewed separately with the company's financial advisers.

### Is intra-group use invalid if the license is not recorded in the register?

No. A license is created by a written agreement between the parties and takes effect between them even if it is not recorded. Recordal serves to make the rights under the license enforceable against third parties acting in good faith as well (SMK Art. 148(5)). The main risk of an unrecorded license is that the licensee group company may struggle to prove its position if the mark is assigned or a dispute arises.

### Can a pledged trademark be sold or renewed?

Yes. Under the Regulation, a pledge over a trademark does not prevent its assignment; because the pledge is recorded in the register, it confronts the buyer together with the mark. A pledge also does not stop the right from lapsing if the renewal fee goes unpaid, so renewal of a pledged mark must not slip. The owner, for its part, cannot surrender the mark without the consent of a pledgee recorded in the register (SMK Art. 28(4)).

### Is the trademark register updated automatically when joint-stock companies merge?

No. A change of owner resulting from a merger or demerger is recorded by applying to TÜRKPATENT with a request form and the Turkish Trade Registry Gazette entry or document in which the transaction was published (Regulation Art. 125(4)). Under the 2026 fee schedule this recordal costs TRY 4,360. Until it is recorded, the register shows the old company, which causes identity problems in renewal, opposition and court proceedings.

### Does a joint-stock company need a board resolution to file a trademark application?

The Regulation does not list a board resolution among the documents to be attached to the application form; the form must be signed by the person or persons authorized to represent the company. Which body or officer makes the filing decision inside the company depends on the company's own internal authorization rules. Recording the decision and its scope in writing still helps prevent later disputes over authority.

### Do the main brand and sub-brands need separate applications?

For separate signs, yes. Under SMK Art. 11(2), each application may seek registration of only one mark; if the main brand, a sub-brand and a product name are different signs, each needs its own application. A combination in which the main brand and the sub-brand are always used together can additionally be registered in that combined form; which filings you need depends on how the marks are actually used.

## Related Resources

- [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.
- [Trademark Watch](https://www.webx.net.tr/en/hizmetler/marka-izleme): Covers monitoring similar applications published in the Official Trademark Bulletin and reporting them before the opposition period ends.
- [Trademark Portfolio Management: A Strategy for Multi-Brand Companies](https://www.webx.net.tr/en/blog/trademark-portfolio-management): What is trademark portfolio management? Building a trademark inventory, gap analysis, renewal calendars, watch services, and multi-brand strategy.
- [Trademark Licence Agreement: Turning Your Brand Into Revenue](https://www.webx.net.tr/en/blog/trademark-licence-agreement-guide): What is a trademark licence agreement? Exclusive vs non-exclusive licences, royalty models, registering the agreement, quality control, and key clauses.
- [How to Register a Trademark for a Limited Company in Turkey](https://www.webx.net.tr/en/blog/trademark-registration-for-limited-companies): Trademark registration for limited companies in Turkey: filing in the company name, 2026 fees, and what happens when partners exit or shares are sold.
- [How Do You Review a Company's Trademark and IP Portfolio Before Acquiring It?](https://www.webx.net.tr/en/blog/ip-due-diligence-before-acquiring-a-company): IP due diligence in a company acquisition: share vs asset deals, registry checks, the chain of title, red flags and contractual protections for the buyer.
- [Annual IP Audit for Companies: Trademarks, Patents and Designs](https://www.webx.net.tr/en/blog/annual-ip-audit-for-companies): How to run an annual IP audit: the inventory table, trademark, design and patent deadlines, 2026 TÜRKPATENT fee items and a quarter-by-quarter audit calendar.
- [Trademark Valuation: What Is Your Brand Worth on the Balance Sheet?](https://www.webx.net.tr/en/blog/how-trademark-valuation-works): How does trademark valuation work? Cost, market and income approaches, the royalty relief method, when valuation is needed, and what increases brand value.