Le contrat de gage et le droit applicable

Trademark right, whose funtions on the goods and services market said to be vital, is a precious asset. That?s why, such as all transferrable rights, it can be left for pledge. However, trade mark pledge, which is a kind of right pledge, is not put in order enough in Turkish legislation. On the other hand, both juridical qualification of trade mark and right pledge are polemical on the jurisprudence. On these grounds, trademark pledge resembles to ?dark and deep hole?. Although, cause the international traffic develops, it is to be imminent to study on the pignorative contract of trademark that contains foreign elements. However, applicable law to intellectuel property has not put in order in Turkish legislation. In this work, we aim at going down the trademark hole and analyzing the conflict of laws which arises from trademark pledge. Keywords : Trademark Pledge, Pignorative Contract of Trademark, Conflict of Laws, Applicable law, Choise of law