Intellectual property · Legal information

What Is a Change of Address on the Trade-Mark Register For?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The address on the trade-mark register is the place where the Office's notices are sent. A change of address keeps this route current. The record does not change the right holder's name. Assignment and licence are other transactions. A right holder whose address has stayed old cannot assume that the notice will go to the new home on its own. The question of what the change is for is updating the route of service.

Service goes to the place on the register

Writings such as an opposition, a renewal, or a Board decision are sent to the address that stands on the register. Even if the right holder has moved, if the record has not been updated the notice can be completed at that old address. How many days later service is treated as completed is not written here. Being treated as completed is read from the record on the papers. While the papers are missing, it is not said that the period has run or has stopped.

An internal note of a power of attorney or of a correspondence address does not stand in for the register record. Whichever address is on the register, the Office takes that address as the basis. A business card given by electronic message is not a register annotation. If the address on the card and the address on the register conflict, the notice goes to the place written on the register. The conflict does not itself make the service of no effect.

An address record is not an assignment

A correction of the business name or the address does not sell the mark. A new owner is not announced as owner before the assignment is entered on the register. Putting off the assignment so that the address stays the same does not freeze ownership. The two transactions are separate. The assignment document carries the name of the assignor and the assignee. The address form does not change these names.

A licence is not hidden inside a change of address either. Authority to use is spoken of with the licence record. Writing "may use" on the address form does not create the type of licence. The applicant moving does not erase the date of the application either. The application stands with the number on the register. The number does not turn into a new mark number with the address petition.

The old address and the new petition

Moving without updating the record does not cause a notice that went to the old address to be treated as not existing. The right holder should have the new address entered on the register by petition. Spoken news, before a petition is given, is not a register annotation. If the address written in the petition and the residence document in the annex conflict, the Office can ask about the conflict. The new address is not treated as entered before the conflict closes.

The route against an Office decision depends on service of the decision. If service went out to the address on the register, the papers are read from that address. Service is not treated as not existing because the person lives in a new home. The text of the decision and the service piece are kept together. While the piece is missing, a claim about the period is not built.

The right holder asks for the change of address with their own petition. The lawyer's internal note, or a business card, does not stand in for this petition. If the old address and the new address are written side by side in the petition, the Office sees which record will be updated. If only the new address is written, a conflict with the old record can be asked about. It is not assumed that notices have gone to the new place before the conflict is removed. If the move is after the date on the service piece, that piece may have been completed at the old address. A comparison of dates is not made without the papers. The papers are built from the register printout and the service envelope. Service is not treated as not existing before the comparison is made. Treating it as not existing does not erase the record on the piece.

What is looked at in the address record

The register address is where notices will go. The address on the register printout and the new address the right holder has notified are placed side by side. That the office is in Çankaya does not change the Office's authority or the address the service will go to. The office address is not written in place of the register address.

In practice this note follows this order. First it reads the address that stands on the register. Then it asks whether the right holder has moved and whether the address petition was entered. Then it separates, from the service piece, which address an opposition, a renewal, or a Board decision went out to. If the piece was completed at the old address, the new home does not itself make the service of no effect.

The address form is also read apart from assignment and licence. A correction of the business name does not sell the mark. A licence is not hidden inside the address sentence. The application number is not erased by a change of address. The set of documents is built from the register printout, the petition, and the service piece.

Conclusion

The register address is where notices will go. The change record does not change the right holder. Assignment and licence are separate transactions. It is not said that the notice went to the new home while the current address is not on the register. The frame is on the intellectual property page. The first record is trade-mark registration, the Board writing is an Office decision, and the lawyer line is the lawyer record. They stand apart. The basis is the text of Law No. 6769.

Legislation

Frequently asked questions

Does a change of address assign the mark?

No. The address record updates where notices will go. If ownership is to change, the assignment is entered on the register separately.

Is a notice that went to the old address treated as not existing?

The address on the register is the route of the notice. Moving without updating the record does not itself make the notice of no effect. The day it is treated as completed is not on this page.

Is a licence created with the address form?

No. A licence is authority to use, and it depends on its own record. A change-of-address form does not write the type of licence.

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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