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Attachment of a Trademark
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Article 19 of Decree-Law No. 556 pertaining to the Protection of
Trademarks (hereinafter referred to as the “Decree-Law No. 556”) and
article 21 of Implementing Regulation of Decree-Law No. 556 (hereinafter
referred to as the “Implementing Regulation”) regulate attachment of a
trademark. Pursuant to these articles, a registered trademark can be attached
independently of an enterprise.
The procedure with respect to the attachment and sale of a trademark is
not regulated in the Decree-LawNo. 556 and the Implementing Regulation,
and therefore, the relevant articles of Execution and Bankruptcy Law No.
2004 (hereinafter referred to as the “EBL”) are applicable. Accordingly,
the attachment process commences with a request to issue an execution
in compliance with article 58 of the EBL. A payment order is sent to the
debtor. The creditor can request the attachment of a trademark owned by
the debtor upon expiration of the time limit designated in the payment
order or upon withdrawal of the objections of the debtor. The execution
office, which gives the attachment decision, notifies the Turkish Patent
Institute (hereinafter referred to as the “TPI”) of this decision. The TPI
records the attachment in the trademark register and publishes the recorded
attachment. The execution office obtains a valuation report from an expert,
following the creditor’s request for sale of the attached trademark. The sale
of the trademark must be in compliance with the provisions with respect to
the sale of movables.
Pursuant to article 21 of the Implementing Regulation, attachment of
a trademark does not prevent termination of the trademark right because
of non-payment of a renewal fee or other fees. In addition, pursuant to
the same article, attachment of a trademark does not prevent transfer of
the trademark, either. The 11
th
Chamber of the Supreme Court stated in
its decision dated 09.03.2000 with the principle number of 1999/8623
and decision number of 2000/2232 that article 86/1 of the EBL, which
requires permission of the creditor and the execution officer to dispose of
the attached movables, does not apply in attachment of trademarks. It is
also stated in this decision that the aim of the restriction imposed on the
disposal of movables is to prevent creditors from suffering damages due
to changes of possessor. However, it is stressed that it is not required to
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Article of August 2010