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Article 38 - Examination and publication of the application

Turkish Industrial Property Code (Law No. 6769)
Article 38

Examination and publication of the application


Article 38

(1) The Office shall examine the applications on geographical indication or traditional specialty guaranteed according to Articles 33 to 37 and 39.
(2) If the information related to identity of the applicant is missing in the application form, the application shall be deemed not to have been made. The decision of the Office on deeming the application not to have been made shall be final and may not be subject to objection in the scope of Article 40.
(3) If it is found out that the conditions set out in Article 37 are not met, except for the information regarding the identity of the applicant, the Office shall request the remedy of these deficiencies. If the missing information and documents are not submitted in prescribed period or the submitted information and documents do not meet the requirements, the application shall be refused. If requested, additional period shall be granted not more than two times to remedy the deficiencies.
(4) The Office may request opinion from relevant institutions and organizations for evaluating technical information. In case fee is demanded by relevant institutions and organizations, such fee shall be paid by the Office.
(5) Applications examined and found eligible under this article shall be published in the Bulletin.
(6) Procedure and rules regarding examination and publication of application shall be determined by the implementing regulation.


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