Design

Design Application in Turkiye

GENERAL INFORMATION

In Turkiye, design protection is given under Turkish Industrial Property (IP) Law No. 6769. A design should be new and have an individual character in order to be able to be protected by registration under this law. In addition, design applications should be filed before the Turkish Patent and Trademark Office (TurkPatent) in Turkiye.

Protection period of a design is 5 years. Renewals can be filed every 5 years up to a maximum of 25 years. If the design registration has multiple designs, partial renewal can be filed.

DESIGN APPLICATION PROCEDURE

There are three ways to make a design application in Turkiye.

  1. Direct application before TurkPatent
  2. By using priority right under the Paris Convention
  3. Through Hague System

Design application procedure consists of the following phases:

  • Examination by TurkPatent
  • Publication of the design registration (After the design is registered, it is published for third parties to file oppositions within 3 months from the publication date. It is necessary that third parties file dated evidence documents in their oppositions.)
  • The publication of a design registration can be delayed until 30 months from the application date or priority date. Thanks to this, the privacy period can be longer in accordance with the marketing strategies of applicants.

NECESSARY DOCUMENTS FOR DESIGN APPLICATIONS

  • Design application holder information
  • A reproducible sample of the design (Samples should be visual expressions prepared as a picture, drawing, graphic or photograph etc. in the size of 8 x 8 cm or 16 x 16 cm. For designs with three dimensions, there should be perspective, top, bottom, two sides, front and back views of the design)
  • Power of attorney signed by the applicant

REMARKS:

  • One design application can be filed for multiple designs which are in the same sub-class according to Locarno Classification.
  • If the same of a design is not disclosed to public in anywhere before
    1. the application date or priority date for designs with registration
    2. the date of public disclosure for designs without registration, that design shall be deemed to be new.
  • In case that a design is disclosed to public within 12 months before the application date or priority date by the designer or his/her successor or by a third party with the permission of them or by abusing of the relationship with the designer or the successors, this disclosure shall not affect the novelty and individual character of the design.
  • If a design is disclosed to the public firstly in Turkiye, it can be protected without registration for 3 years from the public disclosure date.

Our related services:

  • - Filing direct national design applications and registrations before TurkPatent
  • - Preparing and filing oppositions / opinions
  • - Filing renewals
  • - Preparing reports for use in legal procedures
  • - Filing 3. party opinions about any design invalidity
  • - Publication tracking and reporting
  • - Other operations related to design