In short
A pledge of a trademark is the giving of a registered trademark as security for a debt, and it does not stand in for a licence. An assignment is a change of hands of the right. A pledge is about creating security without assigning the right. The question of how it is created is not answered until the contract and the register annotation have been seen. A percentage is not in this text.
The value of the security is not written on the assumption that the mark is the same in every file. If the registration certificate is not current, it cannot be chosen which right was pledged. The choice is not produced from the parties' oral description.
The contract and the register annotation
A pledge is discussed through the contract between the parties. Effect against third parties is read separately from the annotation entered on the register. A contract alone, while there is no register entry, may not by itself produce the same effect against a third party. Whether there is an annotation is looked at on the register extract. If there is no extract, it is not said that an annotation exists.
The register address and how current the registration certificate is show which mark the security concerns. An old trade name or an old address does not by itself change the party to the new transaction. If an application is going to the register for an annotation, the result of that application is waited for separately. Until the result arrives, the pledge is not treated as created. If the document carries the date of the annotation, that date is what is discussed. If it does not, a date is not invented.
Licence, assignment and joint ownership
An assignment or a licence of a pledged mark can affect the creditor's position. The record of the licence on the register and the pledge annotation are not the same line. If there is more than one proprietor together, whether a single signature is enough is read from that ownership. This text does not write a share percentage.
The distinction between assignment and licence is in assignment and licence. The licence record is in registration of a licence, and the address is in the register address. Joint ownership is under joint ownership of a mark, and the registration certificate is under the registration certificate. A pledge is not the short name of those records.
How the pledge annotation is read
The pledge contract and the annotation on the register are read together. A percentage is not written. The address of a Çankaya office does not change the authority of the trademark register or the competent court.
If the security stated in the contract and the annotation shown on the register conflict, the decision points to the conflicting place. A petition that says security was created without writing the trademark number remains incomplete. If a notice reports the result of the request for an annotation, that writing is kept. The notice does not set the percentage by itself. An invoice may show the trade in which the mark was used. An invoice does not stand in for the pledge contract.
Turning the security into money is a separate proceeding
Realising the security is a procedure different from creating the pledge. The enforcement route, or the route written in the contract, depends on the concrete text. This text does not set a sale price, a date or a percentage. The fact that a pledge was created does not mean the debt has been collected. Collection is a separate record.
If the contract states what is to be done on default, that sentence is read. If it does not, the route is not produced from a general financing habit. If a minute shows the moment the register annotation was entered, that moment is what is discussed. If it does not, the annotation is not treated as completed by the parties' statement. The creditor does not become the owner of the mark by itself.
How security is read when there is no annotation
If the contract has been signed and the register annotation has not yet been entered, the security may stand between the parties. A third party is not treated as having automatically known an annotation that does not appear on the register. Knowledge is read from the record on which the annotation was entered. While there is no record, the same result is not written against a third party. The result is not produced from a wishful sentence in a petition either.
The creditor does not by itself become entitled to use the mark. Use requires a licence or another permission. If the permission and the pledge are written on the same paper, the two provisions are read on separate lines. An empty line does not fill the other line. An empty line does not create a percentage either. A percentage is not in this text. A percentage that is not there is not completed from a financing habit.
If the trademark number is one thing in the contract and another on the register, it cannot be chosen which number the security concerns. A number that cannot be chosen is corrected with the registration certificate. If there is no certificate, no correction is made. A correction that is not made is not automatically turned into a holding that the pledge was never created. The holding is made when the two records in hand are read side by side.
Conclusion
A trademark pledge is security. It does not stand in for a licence or an assignment. A pledge annotation is not counted as a licence record. A percentage is not in this text. The frame is on the intellectual property law page.
The basis is Industrial Property Code No. 6769.