Sep 22, 2021
Multiple Design Application in Turkey
Looking to protect multiple product designs under a single filing? This article explains how Turkey’s multiple design application system works, including its benefits, conditions, and legal implications.
Design Registration
The registration of a design protects only its appearance. In principle, the registration of a design application is subject to the conditions of novelty and individual character. The competent authority for design registration procedures is the Turkish Patent and Trademark Office ("TPTO").
You may find our article on design registration in Turkey here.
In this short article, we explain the general features, advantages, and conditions of multiple design applications.
Multiple Design Applications and Their Advantages
Multiple design applications are regulated under Article 61 of the Industrial Property Code No. 6769 (“Code”). A multiple design application refers to the filing of more than one design in a single registration application before the TPTO.
The TPTO evaluates the registrability of each design separately. That is, while one design may be accepted, another may be refused.
In infringement analysis, each design in a multiple application is also assessed individually, both for novelty and individual character. In other words, the fact that multiple designs are filed together does not affect their scope of protection. Each registered design under a multiple application is independently protected and enforceable.
Designs in a multiple application can be assigned (completely or partially), licensed, used as collateral, and be subject to other legal transactions independently.
In a multiple design application, a single application number and certificate are issued, and each individual design is identified by sequence numbers. This provides administrative convenience during the registration and monitoring processes.
Another advantage of multiple design filings is reduced official fees. While the fee for a single design application is higher, the official fee per additional design in a multiple application is significantly lower. The official fees can be accessed on our website here or shared upon request, together with our fee schedules.
Conditions of Multiple Design Applications
Applicants may include up to 100 designs in a multiple application. However, all designs must belong to the same class under the Locarno Classification. For example, it is not permitted to file a single application including both furniture and clothing designs.
If a multiple application includes designs from different Locarno classes or exceeds the 100-design limit, the TPTO will require the applicant to divide the application.
For filing, renewal, and other procedural IP matters, please contact our IP docketing team at: docketing@aksoy-ip.com
