Intellectual property · Legal information

What Happens If a Trademark Has More Than One Owner?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A trademark can appear on the register with more than one owner. This record does not make the trademark the property of one of them alone. Whose signature is required for assignment, licence and renewal is read from the register and, if there is one, from the contract between them. If the share ratio is not in the file, a ratio is not invented. The question of what happens if there is more than one owner is that a single signature does not carry the whole right.

A single signature does not carry the whole right

One of the owners cannot assign the others' shares in their own name. A disposition over their own share is read according to that structure if the register has a structure in shares. If the contract has built a voting order, the text is applied. When there is no text, a majority rate is not invented. A missing signature is not treated as having extended the renewal period of its own accord.

A licence does not spread to the whole trademark on the single line of a partner who has no authority either. The licence record shows who gave the authority. When there is no authority document, use is not counted as an assignment of the share. One partner actually using the trademark does not bring down the other's share. Cancellation for non-use is a separate claim, and no concluding ruling is built in this article.

The defendant in an action is read from the register

In a debate on invalidity or non-use, the parties are built by looking at the names that appear on the register. Leaving one partner out does not mean the judgment passes to that person of its own accord. The list of defendants comes out of the file. An owner whose name is not written on the petition is not announced as bound by the decision. The decision is compared with the names on the register.

The office being in Çankaya does not choose the court for this action. Jurisdiction is read separately according to the defendants' residence. One of the partners living in Ankara does not erase the others' residence. Service is looked for separately for the persons on the list of defendants. Service made on one is not treated as made on the other. When the list of defendants is built, the date of the register printout is written too. If the printout is old, a new assignment may have been entered. An assignment that has been entered does not of itself keep the old partner as a defendant. The action is not brought against the old names before a current printout is requested. The contract between the partners can limit standing to sue in the internal relationship. The limit does not of itself narrow the court's list of defendants. Even so, the contract shows who will sign. A matter opened by a partner without authority to sign is not treated as done in the name of the whole trademark without the others' knowledge. Knowledge is shown by correspondence or a copy of a decision. Oral consent does not stand in for a document. It is not said there was consent when there is no document.

If the contract does not complete the share, a ratio is not written

The internal contract may show who will sign and who will use the mark. If there is no contract, the share stays as far as it is written on the register. If the register does not write a share, the ratio is not completed. An invoice or a partnership decision does not of itself build a share that does not appear on the register. The assignment document carries the name of the assignor and the assignee. A single signature does not erase the names of the other owners.

Which signatures are looked for on the renewal petition comes out of the ownership on the register and the contract. This article does not give the same number of signatures for every file. An application made with a missing signature is not treated as having extended the term. A claim about the period is read from the register entry and a copy of the petition.

What is looked at in the share

More than one owner does not close management with a single signature. The register printout and the internal contract are placed side by side. The office being in Çankaya does not change the Office's authority. The trademark record stands at the Office. The office address does not choose the share ratio.

This article follows this order in practice. First it looks at how many owners appear on the register. Then it reads the record for whether each one's share is written. If a share is not written, it does not invent a ratio. Then it compares, with the contract, which signatures are on the assignment, licence or renewal petition. It does not complete a missing signature as if the other owners had consented.

If an action is to be brought, the list of defendants is also built from the register. Leaving one partner out does not mean the judgment passes to them. It does not dissolve use and assignment of the share in the same document. The trademark is not treated as having been appropriated to a single person when there is no decision or contract.

Conclusion

More than one owner does not close management with a single signature. The share is not completed without the contract and the register. Renewal and a licence do not of themselves reduce ownership to one. The framework is on the intellectual property page. Change of hands stands apart in assignment and licence, the term in renewal, and the record of use in the register of the licence. The basis is the text of Law No. 6769.

Legislation

Frequently asked questions

Can one of the co-owners sell the trademark alone?

They cannot assign the whole trademark alone. If they have their own share, the limit of the disposition is read from the register and the contract. When there is no contract, a majority rate is not written on this page.

Is every owner's signature required for renewal?

The persons whose signature is required come out of the ownership on the register and the contract between them. A missing signature is not treated as having extended the term of its own accord. This page does not give the same number of signatures for every file.

If one person uses the trademark, does the other's share fall?

Use is not an assignment of the share. Who has authority to use is read from the internal relationship. Cancellation for non-use is a separate claim, and no concluding ruling is given on this page.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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