Industrial Design is defined as: “all
the various features, such as lines, colors, texture, shape, sound,
elasticity, material or other characteristics, perceived by the human
senses as constituting the appearance of the whole or part of a product
or its ornamentation.”
The holder of the design rights shall have exclusive
rights in relation to the use of the design. Third parties may not,
without the consent of the holder of the design rights, produce, place
on the market, sell, offer, import, put to commercial use or keep in
stock for those purposes any product in which such a design is incorporated
or to which it is applied. These exclusive rights arranged and granted
under design protection could only be acquired by registration.
Registration process launches by filing an application.
An application for registration of an indusrial design
shall be filed together with the following:
(a) a request, the form and contents thereof as specified
in the Implementing Regulations, including information identifying
the applicant;
(Please contact us for our firm’s Industrial Design Information
Form.)
(b) a drawing or painting or graphic, photographic
or similar representation of the design in size of 8x8 suitable for
reproduction and showing all of its specific features.
The application shall contain a written description
of the design (specification) and the list of the products in which
it is to be incorporated or to which it is to be applied.
(c) The Power of Attorney Form (Please contact us
for our firm’s Power of Attorney Form.)
After filing, Turkish Patent Institute, conducts
a formal examination whether the above-mentioned particulars have duly
be filed or not. The consequent transaction is the entrance of the
application on the Register of Designs and Publication.
A design entered in the Register shall be published
in the relevant bulletin with the following particulars:
(a) serial number and date of the filing and, if
priority has been claimed, the priority date;
(b) identity of the holder of the design;
(c) identity of the designer or design team;
(d) a drawing or painting or graphic, photographic
or similar representation of the design showing all of its specific
features;
(e) where a specimen has been deposited, a mention
of the deposit;
(f) other particulars prescribed by the Implementing
Regulations.
Any natural or legal persons or related third parties
may file a request for invalidation of a possible design registration
with the Turkish Patent Institute after the publication thereof. If
no request is filed or rejected by TPI, then this application is decided
to grant a certificate of registration. |