What is Design Registration?
Design is a perceptible element with human senses, such as a piece of a product or
- A line
- A figure
- A shape
- A color
- A texture
- A material
on a part of it.
A lot of products we use in our daily life and the parts of these products, designs on bags and clothes, seats, home furnishings and similar products are examples of designs.
How to Ensure the Protection of Designs in Turkey?
When making a industrial design application, products that have not been displayed in any part of the world before the date of registration application, ie, new designs may be subject to registration.
Design Protection in Turkey
With industrial design protection, third parties cannot use the product without the owner's permission. The rightful design may be transferred, licensed and inherited.
Novelty of Design
A design is considered new if it has not been submitted to the public before the date of application or the date of the priority. The innovation is a worldwide innovation. Territoriality in design is not sought after.
Distinctiveness of Design
Distinctiveness of design is that the visual elements of a design are distinctly different from another design.
The Right of Priority
It means priority. For a design, it means the right to apply in Turkey within 6 months after the date of application, either in the form of an application made abroad or in the form of an application made at the fair.
Which Designs Cannot Be Registered in Turkey?
- Designs that are not novel and have no distinguishing qualities,
- Designs that do not leave the designer a choice when they include a technical function (such as roundness of the wheel)
- Designs contrary to public and general morality,
How Design Registration System Works in Turkey?
Registration Duration (Protection Term) in Turkey
A design shall be protected for a period of 5 years from the date of filing and, if such protection is requested, it may be extended to 25 years in 5-year periods. After that the design becomes public.
What are the Requirements for a Design Application in Turkey?
- Visual expression of the design
- If the applicant is a legal person, tax board and commercial activity certificate,
- Identity information if the applicant is a person
- Information on the person or persons designing
- Warrant of Attorney (if any)
Where to File An International Design Application in Turkey?
Applications for design registration shall be made to the Turkish Trademark Patent Authority through the applicant or through the Sistem Patent company, which is the official trademark and patent attorney authorized by the applicant.
Is Design Registration Protected Worldwide?
No. The applicants are territorial. If registration is required in other countries, it is necessary to apply separately to the required country offices.
What Are the Rights Obtained via Design Registration in Turkey?
A registered design,
- Can be transferred
- Can be multiplied with licensing,
- Can be subject to inheritance rights