Intellectual property · Legal information

How Are a Trade-Mark Representative and the Applicant Separated?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A trade-mark representative acts before the Office in the applicant's name. The applicant is the person who appears as the right holder on the register. A power of attorney gives authority to act. It does not pass ownership. The representative record is not an assignment document. The question of how the owner and the representative are separated is read from the two lines on the register.

Service goes to the representative, and the right does not pass to them

If a representative has been appointed, notices can be made on the representative. Service going to the representative does not make the mark the representative's property. A change of representative does not erase the owner's name either. Dismissal or resignation does not itself make the registration of no effect. The new representative's record does not reopen the old filing as a new registration.

The application date stays in place. A change on the representative line does not stand in for a renewal or an assignment. Service is giving notice of the step. Notice does not carry ownership. If the representative's name is written on the service papers, the owner line is looked for separately. While the owner line is missing, the owner is not taken as the person who received the service.

The applicant and the person who signed are mixed

The representative can sign the petition. The person in whom the right arose is the owner on the application form. If the filing is in a company's name, the owner is the company. The name of the director, or of the representative, is not written in place of the company. The signature is read with the authority in the power of attorney. The authority does not assign the mark to the person who signed.

The distinction between assignment and licence is a separate note. The representative line does not stand in for that distinction. The person who put the signature and the person who appears as the right holder on the register are not joined in the same sentence. If the power of attorney's term has expired, a new step does not itself run in the old representative's name. If there is a dismissal document, the Office record and the dismissal are placed side by side. Before the record is updated, the dismissal is not treated as having erased the representative line on the register.

The register keeps the two lines apart

The owner column and the representative column on the register are not read as stuck to the same person. If the owner is to change, an assignment is asked for separately. If the representative is to change, a representative record is asked for. The two petitions do not give rise to the same result. A correction of address or business name does not stand in for appointing a representative either. Each transaction runs with its own document.

The application form, the power of attorney, and the register printout stand together on the file. When a new representative is appointed, the old representative's dismissal or resignation document and the new power of attorney are presented together. The new power of attorney alone does not itself erase the old record. The Office enters the two documents separately. Service before they are entered may have gone to the representative who appeared on the register at that moment. That service is not treated as made on the new representative. If the owner says they were not informed of the service, the date of the service piece and the date of the dismissal are placed side by side. While there is no date, the notice is not announced as invalid. In company filings, the authority document is kept apart from the director's personal filing. This document does not change the owner of the mark. The owner is still the person who appears as owner on the register. The name in the authority to sign is not written in place of the owner line on the application form. If the owner on the form and the owner on the register conflict, it is asked which record is current. The conflict is not used to announce the representative as owner. In company filings, the trade name is written apart from the director's personal name.

What is looked at on the register

The representative record is the trace of authority to act. The owner line and the representative line are read apart on the same printout. That the office is in Çankaya does not change the Office's authority or the place where the register is kept. The filing runs according to the Office record. The office address does not choose the right holder.

In practice this note follows this order. First it reads the name that appears as the right holder on the register. Then it asks for the person in the representative column and the scope of the power of attorney. Then it separates, from the service papers, on whom service was made. If service went to the representative, it is not assumed that ownership passed as well. A new owner is not announced while there is no assignment document.

The signature on the petition and the owner on the application form are also compared. In a filing opened in a company's name, the director's name is not written in place of the company's business name. A change of representative does not erase the application date. Renewal or assignment is not treated as built by a correction on the representative line.

Conclusion

The representative acts in the owner's name. The owner is the person who appears as the right holder on the register. The representative record is not an assignment. Service can go to the representative. The right does not pass there. The frame is on the intellectual property page. The filing is trade-mark registration, a change of hands is assignment and licence, and the term is renewal. They are separate transactions. The basis is the text of Law No. 6769.

Legislation

Frequently asked questions

Is the representative's name the owner of the mark?

No. The representative acts in the applicant's name. The right holder is the person who appears as owner on the register. A power of attorney does not pass ownership.

When the representative changes, does registration start again?

No. A change in the representative record does not erase the owner's name and the application date. The new representative does not open the old filing as a new mark.

If service was made on the representative, does the right pass to the representative?

No. Service is giving notice of the step. Ownership of the mark does not change hands by service. A separate transaction is required for an assignment.

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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