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ARTICLE · 03 FEBRUARY 2015

The Trademark Pledge

Baspinar & Partners
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Decree Law No. 556 dated 1995 Concerning to the Protection of Trademarks ("TDL") allows pledging the trademark and refers to the Turkish Civil Code ("TCC") for detailed regulations.

TurkeyIntellectual Property
Ceren Erdoğdu
Ceren Erdoğdu
Ali Ceylan
Ali Ceylan
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Trademark pledge is one of pledge types on movable assets. Decree Law No. 556 dated 1995 Concerning to the Protection of Trademarks ("TDL") allows pledging the trademark and refers to the Turkish Civil Code ("TCC") for detailed regulations. Although a regulation exists, the trademark pledge is not frequently applied in Turkey and there are some loopholes that need to be clarified during the application of trademark pledge. The applicability will increase in the same direction with the value of the local trademarks of the country.

The trademark pledge means movable pledge under the TCC. As mentioned, TDL refers to the TCC for trademark pledge regulations. TCC provides a general rule that the delivery of movable asset is required for the validity of a pledge. However, if a movable asset is required to be registered at a specifically designed registry by law, pledge can be established by registration to such registry without delivery of the movable. The issue here

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