Overview

Industrial design protection in Türkiye is governed by the Industrial Property Code 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)

  • Protectable under Locarno Class 14.04
  • Türkiye follows EU design practices

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.