TRADEMARK ASSIGNMENT AND ACCEPTANCE AGREEMENT

Parties

1. Transferor (Brand Owner): ………………………………………… company, located at ……………………………………………. address.

2. Transferee: ………………………………………… company, located at ……………………………………………. address.

The parties will hereinafter "TRANSFEROR" and "TRANSFEROR" .

Article 1 – Subject

The subject of this agreement is the transfer and assignment of the registered and/or pending trademarks owned by the TRANSFEROR and listed in Annex 2, together with all related rights, interests and associated legal claims, to the TRANSFEREE .

Article 2 – Transfer and Scope

1. The TRANSFEROR acknowledges and agrees to assign and transfer all rights, title, and interest in the trademark to the TRANSFEREE for a consideration of ………… USD

2. According to Article 148 of the Industrial Property Law, the transfer becomes effective against third parties upon registration with the TURKPATENT (Turkish Patent and Trademark Office).

3. As part of the transfer, the customer base associated with the brands, commercial reputation, and past and future litigation rights also pass to the TRANSFEROR.

📌 Supreme Court 11th Civil Chamber, Case No. 2016/5231, Decision No. 2018/6724: Trademark transfer encompasses not only trademark rights but also the brand's distinctiveness and its entire economic value, including its customer base.

Article 3 – Obligations of the Parties

• TRANSFERRED BY:

  • To prepare and sign the necessary documents for registration and transfer procedures

  • To assume responsibility for any claims and demands arising from third parties until the transfer date.

• TRANSFEREE:

  • Paying the fee on time,

  • Registering the transfer transactions with TÜRKPATENT.

Article 4 – Warranty

The TRANSFEROR guarantees that the trademarks subject to the transfer are its own property and are free from any liens, pledges, or third-party rights.

📌 Supreme Court 11th Civil Chamber, Case No. 2017/3925 E., Decision No. 2018/1523 K.: If the trademark transfer is valid, the transferee exercises all rights arising from the trademark on behalf of the transferor. However, if it is later revealed that the transferor "did not have the right to dispose of the trademark," the transferee may claim compensation.

Article 5 – Notification and Competent Court

The addresses specified in this agreement are the legal addresses for service of process.
In case of disputes, the Central Courts and Enforcement Offices of Istanbul shall have jurisdiction.

Article 6 – Entry into force

This agreement was signed on ../../…. in …………… and entered into force upon signature of the parties.

TRANSFEROR (Signature/Stamp)
RECEIVER (Signature/Stamp)