Subject Matter of Design Protection
The registration of design simply protects the appearance. The registration of a design application is subject to the conditions of novelty and individual character of the respective design.
In Turkey, all design filings can be made online on the online application system of the Turkish Patent and Trademark Office (the “Office”). Therefore, upon your instruction, we may file the application and provide you with relevant evidentiary documents regarding the filing on the same day. Please note that design applicants (natural or legal persons) who reside outside of Turkey may only be represented by either 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 designer must be indicated. Only real persons can be designers. Therefore, if the applicant is a legal entity, the applicant and the designer will be different persons, and in the application, how the applicant has obtained the right to apply for registration from the designer will need to be indicated (e.g., employment relationship). However, in the application, it is possible to request the identity of the designer to remain secret.
Representation of the Design
In the application, the visual representation (i.e., photos or drawings) that reflects the appearance of the design and that enables reproduction through publication must be submitted. The respective photos or drawings will determine the boundaries of the design protection in case of registration. Therefore, all details of the design to be protected must be clearly distinguished in the application and for this purpose, more than one photo or drawing from different angles may be submitted. Please note that the Office only accepts the respective representations in the following sizes: 8 x 8 cm, 8 x 16 cm, 16 x 8 cm and 16 x 16 cm.
In the application, the name of the product in which the design is incorporated or to which it is applied must be indicated. Accordingly, the product is grouped based on the class and subclass of the Locarno Classification.
Furthermore, if needed, a description may be used for each visual representation of the design, explaining the features of the product. However, such a description does not affect the scope of protection of the design.
The registration of multiple designs (up to 100 designs) can be requested under a multiple application (rather than single applications) provided that an additional fee is paid. Designs, which are subject to a multiple application, must be listed in the same class of the Locarno Classification.
Timeframe of the Application Procedure
Since the enforcement of the Industrial Property Code numbered 6769 in 2017, the Office has been responsible for examining the design application based not only on the procedural requirements but also on the novelty criteria. Therefore, whilst third parties may file an opposition during the 3-month opposition period by claiming that the design does not meet the novelty criteria, the Office can also ex officio refuse the registration of the design on grounds of lack of novelty.
If no opposition is filed, the design application procedure is generally completed within 5-6 months.
Official Fees of the Application
There are two sets of official fees which are to be paid to the Office. These are the application fee and the publication fee. Both are to be paid to the Office prior to or with the application.
The application fee is TRY 180. In certain conditions, several designs can be combined in multiple applications, and in this case, the application fee of each subsequent design will be reduced to TRY 80.
The publication fee is calculated based on the size of the visual representations of the designs. For each 8 x 8 cm area of the photos or drawings of the design, TRY 40 shall be paid.
The respective fees are valid for the year 2020 and may be subject to an increase at the beginning of the forthcoming year.
Term of Protection
The initial term of protection provided for design is 5 years starting from the date of application. The respective period can be extended for 25 years at most, in 5-year renewals.
For further queries, please contact:
Dogukan Berk Aksoy, LL.M.
Attorney at Law | Trademark Attorney | Patent Attorney
T: +90 312 514 20 14