The registration of design simply protects appearance. In principle, the registration of a design application is subject to the conditions of novelty and individual character of the respective design. The competent authority for design registration procedures is the Turkish Patent and Trademark Office (the “Office”). You may find our article on design registration in Turkey here.
In this short article, we will be explaining the general issues, advantages and conditions of the multiple design application.
Multiple Design Applications and Their Advantages
Multiple design applications are regulated in Article 61 of the Industrial Property Code numbered 6769 (“Code”). Accordingly, a multiple design application means filing a registration application for more than one design with a single application before the Office.
The Office evaluates whether the designs that are subject to a multiple design application shall be registered separately. While one of the designs is registered, another may be refused.
In infringement analysis, each of the designs, which is subject to a multiple application, is also evaluated independently both in the terms of novelty and individual character. In other words, multiple design applications are not related to the scope of protection. Each of the designs registered within the multiple applications will be protected and enforced separately.
In multiple design applications, designs can be assigned completely or partially, licensed, shown as a guarantee and be subject to other legal proceedings.
In a multiple design application, a single design number and a single document are given, and each of the designs, which are subject to the multiple application, are indicated with sequence numbers. This provides convenience in terms of the registration application and monitoring the registration process.
Another advantage is that the official application fee paid to the Office is significantly reduced. Whilst the official fee to be paid for an individual design application is TRY 270 for 2022, with multiple applications, the official application fee of each subsequent design will be reduced to TRY 120. A publication fee of TRY 60 for each 8 x 8 cm area is also fixed for multiple applications.
Conditions of Multiple Design Applications
Under multiple applications, applicants can request the registration of up to 100 designs. In addition, designs, which are subject to multiple applications, must be listed in the same class of the Locarno Classification. For example, while some of the designs are related to furniture designs, others cannot be clothing designs.
In the case of multiple applications, if a registration is requested for designs that are not in the same Locarno classes or the number of designs exceeds 100, the Office shall request relevant parties to file a divided application.
For further queries, please contact:
Dogukan Berk Aksoy, LL.M.
Attorney at Law | Trademark Attorney | Patent Attorney
T: +90 312 514 20 14
Attorney at Law | Trademark Attorney
Evren Firat Goklu
Legal Trainee | Trademark Attorney