FAQs: Renewals of Design Registrations in Turkey

FAQs on Design Registrations in Turkey

What is the term of protection for a registered Turkish design and how many times can a registered design be renewed?

A registered Turkish design is valid for five years. It can be renewed for a maximum of 25 years, for five years at a time.

When are renewal fees for a design registration due for payment?

Until January 09, 2018, renewal fee for a registered design falls due every 5 years, up to 25 years, on the last day of the month containing the anniversary of the date of filing and is payable up to 6 months before the renewal due date.

From January 10, 2018 on, renewal fee for a registered design falls due every 5 years, up to 25 years, on the anniversary day of the date of filing and is payable up to 6 months before the renewal due date.

Is there a grace period for payment of renewal fees?

Yes, if payment of renewal fees are not made in due time, they may still be validly paid within 6 months of the due date, provided that a surcharge (typically 50% of the renewal fee) is paid.

Is it possible to partially renew a design registration?

Yes, a design registration can be partially renewed for some of the designs only.

How are renewal fees calculated?

If a registered design covers only one design, there is one base fee for the renewal. If design registration covers multiple designs, renewal fees are required for each design.

In the case of multiple design registrations, structure of renewal fees are layered, namely a base fee of relatively high amount is required for the first design and further fees of substantively decreased amount are required for subsequent each design.

Does number of views affect the amount of renewal fees?

No, number of views has no effect on the amount of the renewal fees.

Is there any possibility for restoring the rights in case of failure to renew a design registration in the prescribed time limits?

No, if renewal fee for a design registration is not paid in due time and within six-month grace period following the due date, the design rights will be irrevocably terminated.

Is it possible for the entities whose place of business is abroad to request for renewal of a design registration directly, without using a design agent?

No, renewal of a design registration should be paid by a Turkish Patent and Trademark Agent.

Is Power of Attorney required for renewing a design registration?

If a design registration will be renewed for all the registered designs, Power of Attorney (PoA) is not required for renewal. If a design registration will be partially renewed for some of the designs only, a Power of Attorney (PoA) clearly authorizing the Attorney for partial renewal is required.

Where a design registration is renewed by a patent or trademark agent other than Patent or Trademark agent in the design registry, is the patent or trademark agent requesting the renewal is recorded as agent for service?

Not actually unless otherwise requested specifically, i.e. Patent or Trademark Agent in the design registry still remains as agent for service even if renewal is made by another Patent or Trademark Agent.

Upon payment of renewal fee, does TURKPATENT issue any official communication or certificate confirming renewal of design registration?

Yes, TURKPATENT electronically issue a renewal certificate. No printed certificate is provided.

When is renewal certificate expected to be issued and sent by TURKPATENT ?

Renewal certificate is typically issued and sent by TURKPATENT within one month following the request for renewal.

When a design registration is deemed to be renewed duly?

Upon payment of renewal fee, formalities officer examine request for renewal and record renewal request if there is not found any deficiency in respect of the request for renewal.

Is simply payment of renewal fee sufficient for renewing a design registration?

No, request for renewal should be submitted within the prescribed time limits; otherwise, registered design is deemed not to have been renewed in due course and loss of rights occurs.

When will be renewal be effective?

Renewal will be effective from the day following the date on which the previous protection period ends.

Is renewal published in the Design Bulletin?

Yes, the renewal is published in the Turkish Design Bulletin.

Which documents and/or information are required for renewing a design registration?

If a design registration will be renewed for all the designs, a request form for renewal and information regarding the payment of the renewal fee is sufficient for performing the renewal.

If a design registration will be partially renewed for some of the designs only, the followings should be submitted:

  • a request form for renewal including numbers of designs for which renewal are requested,
    information regarding the payment of the renewal fee,
  • a Power of Attorney clearly covering the authorization of the Patent and Trademark Agent

Does the entity status decrease official fee?

No, legal and real entities should pay the same amount of official fees. Furthermore, any reduction is not allowed in terms of the size of a legal entity.

Where can we reach the schedule of the official fees for designs?

TURKPATENT shows the schedule of official fees in its official website www.turkpatent.gov.tr .

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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