Our Services Related to Design Application and Registration
- Preparing application files and filing them before Turkish Patent and Trademark Office (TURKISH PATENT).
- Implementation of legal dispositions on the design after application and registration. (Such as license, transfer, title and address changes)
- Following up the designs which need to be renewed and informing the business owners in time.
- Following and executing of all transactions before and after application within the legal periods
- Following the application, observing from the date of application in Design Bulletins published twice a month by TURKISH PATENT, and reporting the results obtained to the client.
- Preparation of the appeal files in accordance with the instructions, regarding the designs published in the bulletin and filing it in Turkish Patent.
What is the design?
Design is the appearance of the ornamentation of the whole or a part of the product, such as the line, shape, shape, color, material or surface texture.Except computer programs, products expresses a composite product or parts of it, objects such as packaging, representations of multiple objects combined together, graphic symbols and typographic characters besides the any industrial object or any hand-produced object.
Designs have been protected in accordance with the Decree Law No. 554 on Protection of Industrial Designs which has been in force since 1995, has continued to be protected with Decree No. 6769 enacted on 10 January 2017.Designs registered by the Law no 6769 is protected according to the Industrial Property Law No. 6769 as the unregistered design if it is presented to the public in Turkey for the first time.
The Importance of Design Registration
In order for a design to be registered before TURKISH PATENT, first of all the design item have to be produce multiple in an industrial way. It is also the registration requirement that the design is new, distinctive and not contrary to public order and general morality.
The design registration certificate prevents the production of the same or similar design by others, to be presented to the market, the unauthorized extension of rights granted through contractual licensing,and to be transferred. While consumers are between two products which are the same in quality and technical aspects,product design plays a big role and sometimes it can be a determining factor in customer preferences. At this point, there is a great importance to be registered by the person or company who owned the product and packaging designs, which are very important in commercial competition.
Protecting the design by registering will protect the rights of design owner on the product created by it, in both national or international arena. Thus, design owner will be able to launch the design to the domestic and international market with peace of mind.
If there is a similar design registered in the exporting country, there is a risk that the goods will be seized at the customs. The same risk is also present in the domestic market. For this reason, present your design to the market after your registration application and do not forget that the opposite is a big risk in every way.
The unregistered design gives the right to prevent the acts such as the production of the product, launch to the market, the sale, the use of the product for commercial purposes, and the proposal to conclude a contract with the product for which the design applies only in case the protected design of the same or a general impression can not be distinguished as much like the event to be copied same as the registered design.It is not accepted that the design which is made independently has been copied from the protected design by a designer who is not able to know that it is presented to the public prior by reasonable means. Moreover, the duration of protection for unregistered design is 3 years from the date of first public offering.
Design registration certificate is valid for 5 years. The protection provided by the design registration may be extended up to 25 years, with the necessary official renewal fees being deposited in the TURKISH PATENT within the 5-year periods.
The design renewal request must be made within the previous six months from the date on which the design protection period ends and information on the payment of the renewal fee within the same period must be submitted to the TURKISH PATENT. In case of missing the time, the renewal request may also be provided with an additional fee within six months from the date on which the protection period ends.
Examination of Design Applications and Appeal Periods
Design applications are subject to review by the TURKISH PATENT by the Industrial Property Law No. 6769 pursuant to Article 64. The applicants may object to the decisions made on the basis of the examination of the institution in this direction within two months from the notification date of the decision by reasoning and writing. In this stage, it is beneficial for the applicant to have an objection in terms of loss of the rights to be born, and to give additional opinions if it deemed necessary by the Office.
They can oppose to the design applications which are declared in the Official Designs Bulletins for the reasons that they are the same or similar to their designs, within three months from the announcement date.
In case of not opposing to the published design applications which are same or similar, it is possible to be registered similar to your design by others and legally used on the market and undesirable consequences, such as the loss of customers and loss of income due to confusion on the market.
Design Registration Certificate may be transferred, rented by means of a license agreement, inherited or put lien to successors. Any savings like transfers, licenses, transferred through inheritance and pledge and address and title changes on the certificate of design registration must be registered in the Designs Registor in order to be able to effective against third parties. Otherwise, there is no possibility of claiming the rights arising from the design registration against well-behaved third parties.