‘‘Trademark sale is the sale of a part or all of the rights of all products and services registered on the trademark registration by a trademark owner or owners to another business or to an individual in the presence of a trademark owner or owners in the notary public certificate, i.e. a form of property change.’’
The sale of a trademark in Turkey is a trademark transfer or a trademark registration sale which is made by our company to another person or firm under the fee determined by the registered trademark owner. The sale of the trademark can also be applied when the trademark is in the application phase. However, if the referenced trademark is rejected, the trademark owner is likely to suffer from material damages. In order to be able to sell a trademark, it is necessary to make sure that there is no such thing as foreclosure and pledge on the trademark. If there is another trademark that has a hard-to-distinguish similarity, they must be sold together with the trademark. Otherwise, the transfer operation will not be performed. The trademark sales contract must carry all the necessary information in detail.
In registering the sale of a trademark in Turkey, it is necessary for the new trademark owner to acknowledge that the trademark registration should be brought to a restricted position in order not to mislead the public in the case of qualities that mislead society about the source of the goods or services for which the trademark is registered or about the trademark itself.
If the company sells the whole of the enterprise in the transfer of the trademark of an enterprise, the sale of the trademark is not required. In short, a person who sells all of his operations is considered to have sold his trademark. The new owner who receives the trademark in the trademark sale is provided with the new trademark registration number and a new document.