Trademark licensing is a powerful tool for expanding brand reach without relinquishing ownership. Whether you're a foreign trademark holder entering the Turkish market or a domestic company sublicensing your IP portfolio, trademark licensing agreements must comply with Turkish law to be valid and enforceable. A well-drafted contract safeguards your intellectual property rights and minimizes licensing disputes. That’s where a strategic Turkish Law Firm comes in.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers advise both licensors and licensees on trademark licensing agreements in Turkey. We ensure alignment with the Turkish Industrial Property Code, draft bilingual contracts, register licensing rights, and protect brands through litigation or arbitration when necessary. As a best lawyer firm in Turkey for intellectual property and commercial licensing, we combine legal precision with business practicality.
What Is a Trademark Licensing Agreement?
A trademark licensing agreement is a contract in which the trademark owner (licensor) grants another party (licensee) the right to use the mark under specified terms. Under Turkish law, the license can be:
- Exclusive: Only the licensee can use the trademark within the defined scope
- Non-exclusive: Licensor retains the right to license others
- Sublicensable: Licensee can grant further usage rights (only if permitted)
Our Turkish Law Firm customizes the structure depending on market goals, sector restrictions, and brand protection needs.
Legal Basis: Turkish Industrial Property Code No. 6769
Trademark licensing is regulated under Article 24–28 of the Turkish Industrial Property Code. Key provisions include:
- Licenses must be in writing and signed by the trademark owner
- Registration with the Turkish Patent and Trademark Office (TURKPATENT) is recommended for enforceability
- Unregistered licensees may lack standing to sue third parties for infringement
- Sublicensing is only possible if explicitly permitted in the main agreement
We handle TURKPATENT applications, license recording, and usage monitoring for our clients to ensure full legal protection.
Key Clauses in Trademark Licensing Agreements
Each license agreement we draft includes strategic clauses on:
- Territory and Duration: Where and for how long the trademark can be used
- Royalty and Payment Structure: Flat fees, per-sale royalties, or minimum guarantees
- Usage Guidelines: Visual presentation, packaging, marketing, and brand integrity
- Audit and Inspection Rights: Licensor’s ability to verify compliance
- Termination Conditions: Breach clauses, automatic renewal, or market exit
- IP Enforcement Responsibility: Who sues in case of trademark infringement
We ensure all clauses comply with Turkish commercial law and IP enforcement regulations.
Franchise vs. Trademark License: Legal Distinctions
In Turkish law, there is a critical distinction between a standard trademark license and a franchise. While both involve IP use, franchises also include operational models, training, and business systems. Key differences:
- Licensing: Only the trademark is licensed
- Franchise: Includes know-how, operational guidance, layout, and more
- Franchising: Must comply with additional consumer protection and commercial code obligations
Our Turkish Law Firm evaluates your business model and determines the proper contractual approach, reducing legal risk and maximizing enforceability.
Termination and Dispute Resolution
Trademark licensing agreements must clearly outline termination rights and procedures. Causes for termination may include:
- Non-payment of royalties
- Trademark misuse or brand damage
- Breach of marketing obligations
- Bankruptcy or insolvency of licensee
We include dispute resolution clauses—usually Turkish courts or Istanbul arbitration—for swift legal response. Our English Speaking Turkish Lawyers represent licensors and licensees in commercial disputes, cancellation actions, and infringement claims.
Internal Resources for Brand and Licensing Management
- Trademark Protection in Turkey
- Drafting Commercial Contracts
- Bilingual IP Agreements
- Legal Defense in IP Infringement Cases
- Structuring Licensing Entities
Frequently Asked Questions (FAQs)
- Is trademark licensing legal in Turkey? Yes. Turkish law allows both exclusive and non-exclusive trademark licenses, subject to written agreement.
- Do I need to register the license? It is not mandatory, but strongly recommended. Unregistered licenses may not be enforceable against third parties.
- Can I sublicense a Turkish trademark? Only if the master agreement permits it. Otherwise, sublicensing is invalid.
- What’s the difference between a franchise and a license? A franchise includes operational systems; a trademark license is limited to brand use.
- What if the licensee misuses my trademark? You can terminate the agreement and initiate civil or criminal legal action under IP law.
- Are royalty payments taxable in Turkey? Yes. Depending on residence, VAT and withholding tax may apply. We structure the agreement accordingly.
- Can foreign companies license their brand in Turkey? Absolutely. We assist foreign licensors in securing legal protection and enforcing rights in Turkish courts.
- How can a Turkish Law Firm help? We draft enforceable agreements, manage license registration, monitor usage, and litigate when necessary.
Protect Your Brand with a Legally Enforceable Licensing Agreement
Licensing your trademark in Turkey opens the door to market expansion, brand monetization, and strategic partnerships. But without proper legal drafting, registration, and enforcement mechanisms, your intellectual property may be vulnerable to misuse, non-payment, or dilution.
At ER&GUN&ER Law Firm, our experienced English Speaking Turkish Lawyers provide comprehensive legal support to licensors and licensees. As a trusted Turkish Law Firm in brand protection and commercial IP law, we draft licensing agreements, record rights, and resolve disputes to keep your brand safe and profitable.