Transfer agreement of the trademark

While the usual way to benefit from the trademark right in an economic sense is to use this right in commercial circulation, it is also natural for the trademark owner to want to make an economic income by transferring the said mark. Therefore, one of the most important legal instruments that provides the opportunity to benefit from the trademark right economically is the transfer agreement. The main subject of this study is the transfer of the trademark in general and the transfer of the trademark right in a special sense. Within the scope of this study, the trademark transfer agreement has been examined in detail within the framework of both intellectual-industrial law and the general principles of the law of contracts, the structural elements of the aforementioned contract in terms of the provisions of the current legislation and the law that should be, have been revealed, and in this context, scientific opinions and judicial decisions at national and international level have been used. In order to solve the deficiencies and errors in the Turkish trademark law legislation and the problems that may arise or may arise in practice, international law examples have been examined, especially in the context of European Union, German and Swiss trademark laws. Keywords: Intellectual rights, industrial rights, trademark rights, transfer of trademark, transfer agreement, transfer of trademark right