Subject Matter of Design Protection

The registration of a design protects its appearance. A design application is subject to the conditions of novelty and individual character.

Application

E-filing

In Turkey, all design filings can be made online through the TPTO’s electronic application system. Therefore, upon your instruction, we may file the application and provide all evidentiary filing documents on the same day.

Design applicants (natural or legal persons) who reside outside of Turkey may only be represented by trademark attorneys or patent attorneys. However, it is not required to submit a power of attorney for a design application.

Applicant of the Design and the Designer

In the application, both the name of the applicant and the designer must be indicated. Only natural persons can be designers. Therefore, if the applicant is a legal entity, the applicant and the designer will be different persons, and the application must indicate how the applicant obtained the right to apply for registration from the designer (e.g., employment relationship).

The applicant may also request the identity of the designer to remain confidential.

Representation of the Design

The application must include the visual representation of the design (photos or drawings) that reflects its appearance and enables reproduction through publication. These representations determine the scope of protection in case of registration. For this reason, all features of the design to be protected must be clearly visible, and multiple views from different angles may be submitted.

The TPTO accepts representations only in the following sizes: 8 × 8 cm, 8 × 16 cm, 16 × 8 cm, and 16 × 16 cm.

The name of the product in which the design is incorporated or to which it is applied must also be indicated, and the product is classified according to the Locarno Classification.

A description may be added to each representation to explain the features of the product; however, such descriptions do not affect the scope of protection.

Multiple Application

Up to 100 designs may be filed under a multiple application, provided that all designs fall within the same Locarno class. Multiple applications allow the registration of several designs in a single filing.

Priority Claim

A design application filed in Turkey may claim priority based on an earlier foreign design application filed in a state party to the Paris Convention. The priority claim must be made at the time of filing, and the priority documents must be submitted within 3 months from the application date in Turkey.

If priority is claimed, the earlier priority date will be considered as the effective filing date during the novelty and individual character assessment.

12-Month Grace Period

Under Article 57(2) of the Industrial Property Code numbered 6769, disclosures made within the 12 months preceding:

• the filing date, or

• if priority is claimed, the priority date

do not destroy the novelty or individual character of the design, provided that the disclosure was made:

• by the designer or the designer’s successor in title,

• by a third party with the consent of these persons, or

• as a result of an abuse of the relationship between the designer and another party.

Such disclosures are disregarded during the novelty examination before the TPTO.

Deferment of Publication

Applicants may request the deferment of publication for up to 30 months from the filing date or the priority date (if claimed). If deferment is requested, the TPTO will not publish the visual representations during this period.

The application is examined during the deferment period; however, the design images remain confidential until publication.

Timeframe of the Application Procedure

The TPTO examines design applications not only for procedural compliance but also for novelty.

Third parties may file an opposition within the 3-month opposition period, arguing that the design does not meet the novelty requirement. Additionally, the TPTO may ex officio refuse an application due to lack of novelty.

If no opposition is filed, the design registration procedure is typically completed within 5–6 months.

Term of Protection

The initial term of protection for a registered design is 5 years from the application date. This term may be extended up to a maximum of 25 years, in successive 5-year renewal periods.