FAQs: Design Registration in Turkey

FAQs on Design Registrations in Turkey

What does a design mean according to Turkish Industrial Property Code?

Design refers to the appearance of the whole or a part of a product, resulting from features such as lines, contours, colors, shape, texture, and/or materials of the product itself and/or its ornamentation.

A product encompasses any industrial or handicraft item, including parts intended for assembly into a complex product. It includes items like packaging, presentations of more than one object perceived together, graphic symbols, and typographic typefaces, but excludes computer programs.

What does a complex product mean?

A complex product is defined as a product composed of components that can be replaced or renewed through the disassembly and reassembly of the product.

What are the conditions for a part of a complex product being deemed new?

The design of a part of a complex product is deemed to be new and possess distinctive character under the following conditions:

a) If the component part is mounted on the complex product and remains visible during its normal use.

b) If the visible features of the component part meet the requirements for novelty and individual character.

Is there any specific instance regarding the protections of the parts of a complex product in terms of infringement?

Yes. The use of the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance within three years after design is released to the market for the first time is not deemed as an infringement of the design right provided that no misleading information is given about the source of those parts. However, the use of equivalent parts published by the Ministry of Science, Industry and Technology within three years after the design is released to the market for the first time is not considered as infringement of the design right.

What are the conditions for protecting a design?

A design must be new and have an individual character for having protection.

What kind of protection types are available?

There are two kinds of protection: unregistered design and registered design.

What does unregistered design mean under Turkish Industrial Property Code?

An unregistered design is a design which provides protection up to 3 years as from the first public disclosure of the design. To have unregistered design right, the design should have been firstly disclosed to the public in the Turkish jurisdiction, which means that the first disclosures in other jurisdictions are out of consideration in terms of unregistered design registration.

What does novelty mean for a design?

A design is considered as new if no other identical design has been made publicly available before the filing date or priority date. Making available to the public means releasing on the market, use, description, publication, promotion or so on by means of exhibition and sale. Disclosure to a third person under conditions of confidentiality is not considered as making available to the public.

Is there any grace period in respect of novelty?

Yes. There is a grace period of 12 months to file a design application in Turkey. In other words, novelty is not destroyed where disclosure of the design has been made by the rights owner(s) or someone abusing his relation with the designer within “12 months” (grace period) before the filing or priority date of the design application.

What are the filing requirements for representing designs in a design application?

Designs in design applications can be represented through photos or drawings. The representations should be in JPEG format with a minimum size of 8x8cm, 8x16cm, or 16x16cm, and a resolution of at least 300 DPI.

If the designs are represented by photographs, they should be displayed on a plain surface and background, without any accompanying objects.

For designs represented by drawings, the drawings should be created using electronic means and represented three-dimensionally using shades and parallel lines.

Is it necessary to provide a description when filing a design application?

While it is not mandatory, providing a description for designs in a design application is voluntary. In other words, it is possible to submit a design application without including a description.

Can designers request to keep their name undisclosed?

Yes, designers have the option to request that their name not be disclosed.

Can the publication of design applications be deferred?

Yes, applicants have the option to request a deferment of the publication of designs for up to 30 months from the filing date or from the priority date if any priority is claimed.

Can multiple design applications be filed?

Yes, it is allowed to file a multiple design application covering more than one design. However, the designs must be applied to products belonging to the same Locarno class, and additional fees are required for each additional design.

Are there any limitations on the number of designs that can be claimed under the same design application?

Yes, there is a maximum limit of 100 designs that can be claimed under a single multiple design application. If the number of designs exceeds 100, TÜRKPATENT issues an office action and requests the application to be divided for the parts exceeding the limit.

Can a Graphic User Interface (GUI) be protected with a design patent/registration in Turkey?

Yes, a Graphic User Interface (GUI) is eligible for protection in Turkey under Locarno Class 14.04. Turkey follows the common practices established for Graphic User Interfaces (GUI) by the European Trade Mark and Design Network (ETDM). The designs of Graphic User Interfaces (GUI) are processed based on the document issued by the ETDM, which is also recognized by Turkey.

Is it allowed to file one design application claiming the design of a set of products, such as a set of tableware including dishes, bowls and plates?

Yes, it is allowed to file one design application claiming the design of a set of products as a set of tableware including dishes, bowls and plates.

Which classification system is used?

The Locarno Classification, administered by the World Intellectual Property Organization (WIPO), is the international classification system utilized for design applications.

Is there a limit to the number of additional views for a design application?

A design application must include at least one view, and additional views are allowed without any limitations.

Is there any novelty search or examination performed by the Turkish Patent and Trademark Office (TÜRKPATENT)?

Yes, TÜRKPATENT conducts novelty examinations, primarily utilizing online search tools from search engines and the DesignView database of EUIPO. If TÜRKPATENT determines that the design lacks novelty, it has the authority to refuse the application. In such cases, the applicant has the option to file an appeal against the refusal decision.

How long does it typically take to register a design application?

In the case that a direct national application is filed, the registration proceedings takes approx. 6 months (examination of 2 months, publication of 3 months and registration of one month) provided that no ex-officio refusal is issued and/or no opposition is filed.

In the case that the design application is based on an international designation under Hague System, registration of a design application will take place within 4 months approx from the receipt of the international application of Turkish Patent and Trademark Office (TÜRKPATENT) if no opposition is filed (Please additional consider the process and time before the International Bureaus of WIPO before the receipt of the application by TÜRKPATENT).

Is there procedure of opposition against a design application?

Yes, third parties can file opposition within 3 months from the publication of the design application in the Official Design Bulletin.

What kind of objections or arguments are allowed for oppositions?

An opposition can be filed based on one or more of the following instances:

  • Design or designs do not come into conformity with a design defined under the Law.
  • Design or designs lack of novelty and individual character as defined under the Law.
  • Design or designs are contrary to public policy or morality.
  • Design or designs are characteristics of appearance dictated by the technical function.
  • Design applications involve appearance characteristics of the product which must necessarily be reproduced in its exact form and dimensions in order to permit the product in which the design is incorporated or to which it is applied to be mechanically connected to or placed in.
  • Design applications include the inappropriate use of sovereignty signs, religious symbols or cultural values.
  • Design applications are made in bad-faith.
  • Design application contains the unauthorized use of intellectual property rights.

Is there any possibility to file an appeal against the decisions in respect of the oppositions?

No, the oppositions are handled by a Board of Examiners and the decisions issued by the Board are final. On the other hand, any party can take legal action, namely revocation action, against the decision before the IP Court within 2 months from the official receipt of the notification of the decision.

How long is a design valid for?

A registered design is initially valid for 5 years from the filing date and can be renewed for 5-year periods, up to a maximum of 25 years. An unregistered design only grants protection for 3 years from the date of its first public disclosure within the Turkish jurisdiction.

Do you need advice?

We will be pleased to assist you and provide the necessary advice in response to your inquiries. Please feel free to contact us!

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