Can I Use My Trademark as Bank Collateral? The Financial Leverage of Industrial Property

A property right vests on the day your trademark is registered. Like real estate, this right can be used as collateral for bank loans. SMK 6769 art. 148 governs the creation of pledges over industrial property rights. This article explains how the process works in practice.

Which IP rights can be pledged?

• Registered trademarks
• Granted patents and utility models
• Registered industrial designs
• Registered geographical indications

Unregistered use and rights still in the application stage are not within this scope.

Process

1. Valuation: An independent expert (sworn CPA or a trademark-valuation specialist) reports the trademark's economic value. Methods: cost approach, market approach, income approach.

2. Bank loan application: The pledge is offered as collateral. Banks typically grant credit at 30–50% of the trademark's appraised value.

3. Pledge agreement: A written pledge agreement is signed with the bank. Under SMK art. 148 it is registered at TÜRKPATENT.

4. Registry entry: The pledge is recorded in the trademark register; third parties can learn of the pledge.

5. When the credit is repaid: The pledge is released and the registry entry is removed.

How trademark valuation works

Cost approach: The total cost of creating, developing and registering the mark. The lowest value.

Market approach: Referenced to sale/licence prices of comparable marks.

Income approach: The present value of the passive income (licensing royalty, sales premium) the mark is expected to generate in future. The most common method.

Trademark valuation is not yet a mature market in Türkiye. Sworn CPAs, sector specialists and a few independent valuation firms offer the service.

Passive income through licensing

You can generate income without selling the trademark:

• Exclusive licence: A single licensee; the highest royalty, suitable when you do not manufacture yourself.
• Non-exclusive licence: Multiple licensees; lower royalty per licensee but broader income.
• Geographically limited licence: Right to use in a specific region.
• Time-limited licence: 5-year, 10-year, etc.

Royalty rates vary by sector; the typical range is 3–10% of turnover.

Mark value for the EU market

EUTM (EU trademark) delivers protection across 27 states from a single certificate. This significantly increases the economic value:

• High income potential due to the size of the EU market
• Ability to license inside the EU
• Acceptance as collateral by EU banks (subject to local law)

Tax advantages

Licensing income enjoys certain corporate-tax exemptions (under the relevant tax legislation). A sale of the trademark is treated as a capital gain.

Anonymised case

A textile firm in Kayseri took a ₺3 million loan from a Vakıfbank branch in 2020 against its registered trademark. The mark was valued at ₺8.5 million by a sworn CPA report; the bank applied a 35% collateral ratio. The loan was repaid over 4 years and the pledge was released in 2024.

— Salih Aksebzeci, from a 2020–2024 file (anonymised)

Important caveats

• An unregistered trademark cannot serve as collateral
• The trademark's protection term must not expire while the pledge is in force (keep renewals on schedule)
• Avoid acts that would lead to cancellation after the pledge is created (non-use cancellation actions, etc.)
• The bank often requires independent expertise to accept the valuation report

Sources

1. SMK No. 6769 art. 148 (pledge over industrial property rights)

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Author: Salih Aksebzeci · TÜRKPATENT Agent Registry No. 188 · Published: 2026-05-07