Industrial Design Registration in Turkey - iPNOTE Blog
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Industrial Design Registration in Turkey: What You Need to Know

by YUCEL YILMAZ, OPTİMUM PATENT OFİSİ DANIŞMANLIK LTD. ŞTİ.

 

Turkey has emerged as a major player in various industries, ranging from automotive and textiles to electronics and furniture. With its strategic location bridging Europe and Asia, the country serves as a hub for innovation and trade, attracting both domestic and international businesses.

 

In this article, we will explore the process and requirements of industrial design registration in Turkey. We will delve into the legal framework, outlining the steps involved in securing protection for your designs.

Contents

1. What can be registered as a design in Turkey?

2. Why can you be refused to register a design in Turkey?

3. The process of design registration in Turkey

4. Documents required for registering a design in Turkey

5. Design opposition process in Turkey

6. Costs of design registration in Turkey

7. Particularity of the registration in Turkey

8. Final thoughts

1. What can be registered as a design in Turkey?

 

A design of a product or a part of a complex product can be registered in Turkey at the Turkish Patent and Trademark Office (TPTO) if it is

  • novel,
  • industrially producible and
  • has a distinctive character compared to other products of the same type.

Novelty

The novelty criteria are:

“(2) A disclosure shall not affect the novelty or individual character of a design for which protection is claimed if it has been made available to the public during the 12-month period preceding the date of filing of the application or, if priority is claimed, the date of priority by the designer, his successor in title, or a third person in consent with the designer or his successor or in abuse of the relationship with the designer or his successor.”

 

We can understand that a design that was disclosed to the public can be registered as an industrial design in Turkey for 12 months starting from the disclosure date.

 

If there is a previous application in a country, the applicant may enjoy priority right up until the sixth month.

Industrial Applicability

A design can only be registered if it is industrially producible. Artworks like paintings, statutes, and cartoons can not be protected as industrial designs. This means that the design must be capable of being mass-produced and not just a one-of-a-kind piece. 

Distinctiveness

The design must be distinctive when compared with another product of the same type. Distinctiveness is a crucial factor in the registration of industrial designs. The design must be unique and easily distinguishable from other products in the same category. 

 

In addition, the appearance features required by the technical function of the product cannot be protected by design registration.

 

design in Turkey

The circular saw blade and computer game card products shown in the picture have appearance features that leave no freedom of choice to the designer and are mandated by the technical function. The teeth around the circular saw blade are designed for better cutting. The notch on the edge of the computer game card is designed to enter the slot of the game console and lock it, the fused part on the front is designed to prevent the person from touching the terminal strip, and the rectangular part in the middle is designed to stick the label. The visual features of both products are purely technical, and there is no element of aesthetic appearance.

 

Further, in assessing the scope of protection, the degree of freedom of choice the designer has in developing the design is taken into account. This means that if the designer had limited options in creating the design, then the scope of protection may also be limited. However, if the designer had a wide range of choices, then the scope of protection may be broader. For example, the circular saw blade in the picture above is accepted as giving a technical advantage to the user, and due to this, it can not be accepted as an industrial design. If it is novel, it can be subject to patent protection.

 

Under the distinctiveness title, we can add some features regarding design registrability. Appearance features of products that have to be produced in certain shapes and sizes in order to mechanically mount or connect the product in which the design is used or applied to another product. This means that even if a design is unique and distinctive, it may not be registered if it is necessary for the product to function properly or connect with other products. However, if the appearance features are purely decorative and do not serve any functional purpose, they may be eligible for design registration. 

 

design in Turkey

A toner cartridge of a printer can not be, or at a very low level can be, registered as an industrial design.

If the design is a piece of a complex product, it is only registrable when the part is attached to the combined product; it is visible in normal use of the combined product. The visible part of the piece must be distinctive. When we say normal use,” it is the daily use of the final consumer, except for maintenance, service, or repair facilities. This means that if the part is not visible during normal use of the combined product, it may not be registrable. Additionally, if the visible part of the piece is not distinctive, it may also not be eligible for registration.

 

Check our article on Trademark registration in Turkey

2. Why can you be refused to register a design in Turkey?

 

There are several reasons why an industrial design can be refused for registration. It might be refused during the examination procedure or during publication for third party oppositions.

Examinational Refusal

According to Article 64 of the IP Law 6769,

 

(6) The Office rejects the design registration requests […] determined not to be new.

 

When we file for a design registration, the Office examines the application regarding its novelty. This examination covers any publicly approachable resources. If the examiner finds a design that is similar to the design which is filed for registration before the filing or priority date, then the design is refused.

Refusal due to third party opposition

A design application might be found novel by the examiner and published for third party opposition. Opposition lasts for three months. After publication, any third party can file an opposition if there is a question about registrability of the design at the third party side. If the office finds the opposition appropriate and justified, they reject the design application.

3. The process of design registration in Turkey

 

The process of design registration in Turkey involves several key steps. To begin the design registration process in Turkey, applicants must prepare a thorough and detailed application. This includes providing a clear representation of the design, such as drawings or photographs, along with a written description. It is crucial to accurately depict the design and clearly explain its distinctive features, as this information will serve as the basis for evaluation and examination.

 

Once the application is prepared, it must be submitted to the Turkish Patent and Trademark Office (TPTO). It is important to ensure that the application meets the formal requirements set forth by the TPTO to avoid any delays or complications in the registration process. 

 

After the application is submitted, the TPTO conducts an examination to assess the design’s novelty and distinctiveness. They will evaluate whether the design meets the legal requirements for registration and does not conflict with existing registered designs. If the design is deemed eligible for registration, it will be published in the Official Design Bulletin, allowing interested parties to review the design and potentially file an opposition within a specified period.

Upon successful completion of the examination and opposition proceedings (if applicable), the design will be officially registered with the TPTO. The registration provides the owner with exclusive rights to use and protect the design in Turkey. It grants legal protection against unauthorized copying or imitation, enabling the design owner to enforce their rights and take legal action against infringement.

4. Documents required for registering a design in Turkey

 

  • Name and address of the applicant/s and (or) the designer/s
  • Declaration regarding how the application right is obtained from the designer (No document is needed unless the Office specifically requests)
  • Assigned power of Attorney. Notarisation or legalization is not needed. (Foreign applicants are obliged to allocate a Turkish Patent or Trademark Attorney to file a design application)
  • View/s of the design/s (300 dpi resolution, 8cm X 8 cm scale. Applicant may prefer to file as 8X16 (two views fee) or 16X8 (two views fee) or 16X16 (four views fee), jpeg file format)
  • If priority is claimed, a sworn translation of the priority document must be presented.
  • Applicants may prefer to present a description for each view of the design. It is not obligatory, as seen in the registration certificate or in the publication. 

5. Design opposition process in Turkey

 

Third parties may file opposition against publication of the design, either to all designs in the application or to some or only one of them. Opposition duration is 3 months starting from the publication date of the relevant design in the official design bulletin.

 

The opposition procedure is the following:

  1. Filing an opposition by a third party.
  2. Formal examination of the opposition documents.
  3. If the opposition is in accordance with the regulation, sending a notification to the applicant (or the representative) to invite them to defend the application against the opposition.
  4. The applicant has one month to prepare a counterclaim against the opposition. It is not an obligation. If the applicant does not present any supporting documents, then the office makes a decision based on the document at hand and its objective opinion.
  5. The opposition is examined by the Reexaminational Board (REB). The REB decision is the Office’s final decision. The applicant or the opponent may appeal the result to a court for cancellation. The opponent may take the case to court for cancellation of the design registration at any time as long as the design registration is alive. The applicant has only two months to take the case to court after the cancellation of the REB decision.
  6. Opposition procedures take 5–6 months on average.

6. Costs of design registration in Turkey

 

The fee estimation depends on the number of designs and the number of views for each design. Color does not affect the cost.

 

Here’s the cost estimation for one design with seven representations:

 

Filing and registration fee$32 
Filing of one additional design $13
Publication fee  $49
Publication of one additional design$49
Attorney fee for registration and publication$539
Attorney fee for one additional design$340

The industrial design registration cost in Turkey via the iPNOTE platform starts from as low as $400, which includes all government fees and document preparation. Find the best IP attorney in Turkey on iPNOTE.

7. Particularity of the registration in Turkey

 

Turkish design registrations are subject to renewal after a 5-year period. A design registration may be renewed four times until the 25th year. After the 25th year, the design enters the public domain and can be used by anyone without permission or payment. It is important to keep track of renewal deadlines to ensure continued protection of the design. 

 

The renewal period starts at the start of the last six months of the five-year registration period.

 

Example:

A design that was filed on February 1, 2018 can be renewed between August 1, 2022, and February 1, 2023. total fee: 49.00 USD 

If the registration owner missed the last date, it is possible to renew with a fine between February 2, 2023, and August 1, 2023.

 

Design registrations can be filed before Turkish Customs to monitor infringements. This process allows customs officials to seize and prevent the import of goods that infringe on the registered design, providing an effective means of protecting intellectual property rights in Turkey. If a design is registered with Turkish customs, it is taken into account during regular customs inspections. Our office is able to register designs and trademarks for registration before Turkish Customs.

 

Below are some useful links you might need to prepare for registering a design in Turkey:

8. Final thoughts

 

Industrial design registration in Turkey plays a crucial role in protecting the rights of designers and businesses, ensuring that their creative efforts are safeguarded from unauthorized use or imitation. The process involves meticulous application preparation, submission, examination, and potential opposition proceedings, culminating in the official registration and legal protection of the design.

 

***

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Need help with industrial design registration in Turkey? Contact OPTİMUM PATENT OFİSİ DANIŞMANLIK LTD. ŞTİ. now via iPNOTE to learn more and get started.

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.

 

Sign up for free, and we’ll help you solve any IP-related problem.

Other posts

AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?