Design Registration Services
Design Registration Services
According to Article 55 of the Intellectual Property Law No. 6769; 6769, an industrial design is the appearance of a product that defines the features of a part or ornament of it such as lines, shapes, forms, colors, its material or surface texture.
It should be understood that, in the sense of an industrial feature, the design identifies visual innovations in the whole product or part of it, although it is similarly used in the market as a technical or artistic context. For example, a carpet pattern or a fabric pattern has a two-dimensional design, while the mobile model or the lights and headlights of a car are considered three-dimensional designs.
In accordance with the Industrial Property Law. 6769, industrial designs are protected by registration; they can also be protected for 3 years without registration. This type of protection, such as some kind of copyright, in general, can be used for quickly replaceable products.
An industrial design must be a new one with a distinctive feature in order to have protection.
Being new in these terms refers to the fact that not the same of an industrial design is made public
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a) before the date of application or priority for registered designs, or
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b) before it was first introduced to the public for unregistered designs.
Being distinctive is interpreted as a personal impression by an acknowledged user over a design when he/she compares it with another industrial design that is made public
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a) before the date of application or priority for registered designs, or
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b) before it was first introduced to the public for unregistered designs.
In evaluating the distinctive feature, the degree of freedom of choice of the designer during development stage is taken into account.
The priority period in industrial designs is 6 months.
In Turkey, registration brings an industrial design with protection for 5 years starting from the date of application or from the date of priority, which is maximum 6 months, if applicable. Owners are entitled to renew the registration for 4 times more each lasting for 5 years and finally the industrial design is protected for 25 years in total. An official application is made for registration by the designer with the name of the industrial design and drawings. Although not mandatory, a detailed description is recommended to explain critical elements of the industrial design.
Design applications and the registration process in Turkey is as follows:
According to Law Nr. 6769, procedural review, possibilities of rejection and reclaims flow as follows:
Basic review
Official decree for registration and publication (3 months)
Possibilities of reclaim upon publication and rejection
Backed by experienced trademark and patent attorneys, Markiz Patent provides boutique services of registration for taking industrial designs under protection.
Creating innovation through industrial designs is important since it is easier and getting quick results. Searching for industrial designs of competitors and checking the monthly bulletins and registering industrial designs created by companies are of great importance for awareness.
Industrial design search can be done through the international and regional databases in Turkey and the databases of patent offices of other countries.
Markiz Patent serves its customers in the field of design research.
Protection of a design, as an industrial right, is also regional, such as trademarks and patents. Especially exporting companies or designers who look for licensees abroad and also companies who submit an application for an industrial design for the first time either in Turkey or in another country, should submit their application so as to cover international territories for the industrial design. An international industrial design application should be made within 6 months at the latest following the first design application. In the event the period is exceeded may result in a rejection of the application since the application may not pass through criteria “innovative”.
Design protection abroad can be accomplished through traditional regional design application, the Hague Agreement and international application according to European Design protection.
What methods should be used for design protection abroad?
Regional Design Application: In this method, if the number of countries where industrial design protection is requested is low, official design application can be made by contacting the patent attorney directly in the relevant country before 6 months from the first application date, which is the priority period.
European Design Protection: European design protection is recommended especially for applicants or designers who set Europe as the target market.
International Design Application under the Hague Agreement: International market applications can be made under the Hague Agreement, taking into account the design protection outside the European market in the countries of the Hague Agreement (more than 40 countries).
With a robust network of dedicated attorneys abroad, Markiz Patent provides boutique services for protection of industrial designs.
Markiz Patent is a patent office established under the leadership of Mr. Orhan ERIMAN, and is working on trademark and patent registration for more than 30 years in Turkey.
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Nispetiye Mahallesi, Nispetiye Cd. Levent İş Merkezi No:6 K:2, 34330 Beşiktaş/İstanbul
