NEWSLETTER-2017

294 NEWSLETTER 2017 Individual Trademarks Individual trademarks are the classical trademark type as included in the definition, above. In this context, individual trademarks consist of trademarks owned by one real or legal person, and the trademarks are subject to joint or common ownership. One of the most significant amendments introduced to the trade- mark right is the possibility to register a trademark similar to a previ- ously registered trademark through submission of the notarized con- sent of the owner of the such trademark. Within such concept, together with Article 5/3 of the Law, the will of enterprises to use, collectively, trademarks is acknowledged and protected. Collective Trademarks Collective marks means the signs distinguishing the goods or services of the members of a group from the goods or services of other enterprises. Even the Law is not prescribed types of collective trade- marks. In practice, collective trademarks are applied under two types. Membership trademark means trademarks that are used by the members of an association. “The American Automobile Association” and “Marmarabirlik” trademarks are the classical examples given in the doctrine under membership trademarks. The second type of collective trademarks signify the source of the goods or services that are used by independent enterprises. For example, the cookies that are sold by the Girl Scouts are signed by the trademark “Girl Scout”. Guarantee Trademarks A guarantee trademark is the sign guaranteeing that the goods or the services are being produced in accordance with the technical specifications under the control of the guaranteeing mark owner. In order to prevent the usage of the guarantee trademark in a manner that misleads the public, the usage of guarantee trademark by the enter- prises that are economically dependent upon the guarantee trademark owner is prohibited. Likewise, the usage of a guarantee trademark by