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Article 32 - Technical specifications for the guarantee mark or collective mark

Turkish Industrial Property Code (Law No. 6769)
Article 32

Technical specifications for the guarantee mark or collective mark


Article 32

(1) It is mandatory to submit a technical specification indicating the procedure and rules for use of the mark when filing an application for registration of a guarantee or a collective mark.
(2) The technical specification of the guarantee mark shall indicate the common characteristics of the goods and services under guarantee, methods of using the mark, how and how often the inspections shall made after the right concerning the use of the mark is granted and the sanctions to be imposed in case of use contrary to the technical specification.
(3) The technical specification of the collective mark shall specify the undertakings authorized to use the collective mark and the membership conditions for the community composed of these undertakings, terms of using the mark and, if available, the sanctions. All undertakings in the group shall act collectively for the registration of collective mark and the surrender from the collective mark right.
(4) Each undertaking in the group shall be authorized to file legal proceeding by itself.
(5) Amendments to be made in the technical specification shall not be applicable until they are approved by the Office.
(6) In case the technical specification does not contain the requirements set out in second and third paragraphs or it is contrary to public order or accepted principles of morality, the owner of the mark shall be notified by the Office to make required amendments in technical specification. If the owner of the mark does not make the required amendments and correct the technical regulation within six months following the notification, the request for the registration of the guarantee mark or the collective mark shall be rejected
(7) In case of application of relevant persons, public prosecutors or the relevant public institutions on the grounds that the owner does not take necessary measures in order to prevent the continuous use of the collective mark or the guarantee mark contrary to the technical specification, the mark shall be revocated unless the said contrary use is corrected within the prescribed period.
(8) Procedure and rules regarding the technical specification are specified with a regulation.


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