Overview

Industrial design protection in Türkiye is governed by the Turkish Industrial Property Code (Law No. 6769 ) and administered by the Turkish Patent and Trademark Office (TÜRKPATENT).

Design protection focuses on the visual appearance of a product rather than its technical function. A properly filed design application allows right holders to secure exclusive rights over the aesthetic aspects of their products.

What Qualifies as a Design?

A design refers to the appearance of the whole or a part of a product, resulting from features such as:

  • Lines
  • Contours
  • Colors
  • Shape
  • Texture
  • Materials
  • Ornamentation

A product includes:

  • Industrial or handicraft items
  • Packaging
  • Sets of items perceived together
  • Graphic symbols
  • Typographic typefaces

Computer programs are not considered products for design protection.

Designs of Complex Products

A complex product consists of multiple components that can be disassembled and reassembled.

A component part is protectable if:

  • It remains visible during normal use, and
  • Its visible features meet novelty and individual character requirements

Repair Clause (Important Practice Point)

Use of component parts for repair purposes may not constitute infringement if:

  • It restores the original appearance, and
  • No misleading indication of origin is made

Types of Design Protection

Registered Design

  • Protection starts upon registration
  • Valid for 5 years, renewable up to 25 years

Unregistered Design

  • Protection lasts 3 years
  • Requires first disclosure in Türkiye

Substantive Requirements

To be protected, a design must satisfy:

Novelty

A design is new if:

  • No identical design has been made public before the filing or priority date

Public disclosure includes:

  • Sale
  • Exhibition
  • Publication
  • Marketing

Grace Period

Türkiye provides a 12-month grace period:

  • Disclosure by the designer within this period does not destroy novelty

Individual Character

The design must create a different overall impression on the informed user compared to prior designs.

Filing Requirements

A design application typically includes:

  • Applicant details
  • Visual representations (mandatory)
  • Optional description

Visual Representation Standards

  • JPEG format
  • Minimum sizes: 8x8 cm, 8x16 cm, or 16x16 cm
  • Minimum resolution: 300 DPI

Photographs:

  • Plain background
  • No additional objects

Drawings:

  • Electronically created
  • May include shading and perspective

Multiple Design Applications

Türkiye allows multiple design filings:

  • Up to 100 designs per application
  • Must belong to the same Locarno class
  • Additional fees apply per design

If the limit is exceeded:

  • The Office requests division of the application

Classification System

Designs are classified under the Locarno Classification, administered by WIPO.

Special Cases

Graphic User Interfaces (GUI)

Product Sets

  • A set of products (e.g., tableware) can be filed in a single application

Examination and Registration Process

TÜRKPATENT conducts a novelty examination based on:

  • Online databases
  • DesignView (EUIPO)
  • Publicly available sources

If novelty is lacking:

  • The application may be refused
  • Appeal is possible

Publication and Opposition

  • Applications are published in the Official Design Bulletin
  • Third parties may file opposition within 3 months

Grounds for Opposition

  • Lack of novelty or individual character
  • Not qualifying as a design
  • Conflict with prior rights
  • Bad faith
  • Public policy or morality issues

Timeline

Typical timeline for a national application:

  1. Examination → ~2 months
  2. Publication → 3 months
  3. Registration → ~1 month

Total: approximately 6 months (if no issues arise)

For Hague System designations:

  • Registration may occur in ~4 months after receipt by TÜRKPATENT

Deferment of Publication

Applicants may request deferment of publication:

  • Up to 30 months from filing or priority date

Duration and Renewal

  • Initial term: 5 years
  • Renewable every 5 years
  • Maximum term: 25 years

Renewals must be carefully monitored to maintain protection.

Conclusion

Filing an industrial design application in Türkiye is a relatively fast and structured process. The system offers flexibility through multiple applications, deferment options and a grace period for disclosures.

However, the quality of visual representations and proper classification play a critical role in securing effective protection.