Designs

“You create, we protect”

Visual appearance of products and aesthetic creations are important assets that need to be protected with tailor made strategies. Designs which are new and having an individual character deserve protection under the law.

Design means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture and/or materials of the product itself and/or its ornamentation. However, a design application only protects the visual features of a product but not the functional or technical features of it.

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Design Applications in Türkiye

In Türkiye, industrial design protection is primarily obtained through registration with the Turkish Patent and Trademark Office (TÜRKPATENT). To qualify for protection under Turkish IP law, a design must be worldwide novel and possess an individual character.

Designs that differ only in immaterial or minor details are deemed identical under the law.

Minimum Filing Requirements

Under the Industrial Property Code No. 6769, a design application must include the following minimum requirements to secure a filing date:

  • Applicant Details: Name, address, and contact details of the applicant(s).
  • Visual Representations: High-quality drawings, photographs, or graphical representations illustrating the design.
  • Designer Details: Identification and contact details of the designer(s).
  • Product Title: Clear indication of the product(s) in which the design is intended to be incorporated or applied.
  • Official Fees: Payment of the prescribed filing fees.

Examination & Publication Process

Design applications undergo both a formal examination and a substantive examination for novelty by TÜRKPATENT. If the application complies with the formal requirements and satisfies the novelty criterion, it is published directly in the Official Design Bulletin.

Multiple Design Applications

Multiple designs may be included in a single application, provided that all designs belong to the same Locarno Classification sub-class.

Exception: Multiple design applications are not permitted for two-dimensional patterns and ornamentation. Separate filing and figure fees apply for each design in a multiple application.

Novelty Grace Period

A 12-month grace period applies prior to the filing date (or priority date, if claimed).

Disclosures made within this 12-month window will not prejudice novelty or individual character if made by:

  • The designer or their successor in title.
  • A third party as a result of information provided or actions taken by the designer (or their successor).
  • A third party in abuse of an relationship with the designer or their successor in title.

Deferment of Publication

Applicants may request a deferment of publication for up to 30 months from the filing date or priority date. This allows businesses to keep their designs confidential while preparing for commercial market release.

Opposition Procedure

Türkiye operates a post-grant opposition system. Third parties may file an opposition against a registered design within 3 months from the date of its publication in the Official Design Bulletin pursuant to Article 67(2) of Code No. 6769.

Term of Protection

  • Registered Designs: Granted for an initial period of 5 years from the filing date. Protection is renewable in 5-year increments up to a total maximum duration of 25 years.
  • Unregistered Designs: Protected for 3 years starting from the date on which the design was first made available to the public within Türkiye.

Renewal Procedures

Design registrations must be renewed within the 6-month period preceding the expiration date.

A 6-month grace period is available following the expiration date, during which the renewal can still be effected upon payment of an official surcharge. No further legal remedies or restorations are available if this grace period is missed.

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