How to Register an Industrial Design in Turkey
Navigating Industrial Design Registration in Turkey
The registration of industrial designs in Turkey is a key aspect of safeguarding the visual identity of products in a competitive market. Turkey, a member of the Paris Convention and the Hague Agreement, offers a robust framework for protecting designs through the Turkish Patent and Trademark Office (TURKPATENT). This article outlines the essential aspects of registering an industrial design in Turkey, including application requirements, examination processes, and maintenance obligations, providing valuable insights for businesses and IP professionals.
Definition and Scope of Protection:
In Turkey, an industrial design refers to the entire or partial visual appearance of a product, characterized by its lines, shapes, colors, materials, surface textures, or ornamentation. The design must be new and possess individual character to qualify for protection. This ensures that designs enjoy exclusive rights, preventing unauthorized copying or imitation.
Authority:
- Turkish Patent and Trademark Office, TURKPATENT, www.turkpatent.gov.tr
Term of Protection:
- Initially, designs are protected for five years from the filing date, with the option to renew four times, allowing for a maximum protection period of 25 years.
Filing Deadline:
- Within 6 months from the earliest priority date.
Required Documents:
- Representations / Pictures
- A brief description
- Power of attorney
- Certified copy of Priority documents with Apostille (if any)
- Ownership Statements / Prioriy Assignment with Apostille (if any)
- Proof of payment for application fees
Priority documents can be submitted within 90 days of the initial filing date, offering flexibility for applicants.
Process & Procedure:
The filing of industrial design applications is managed by TURKPATENT. The scope of examination focuses on both the novelty and the unique character of the design. Visual representations, preferably in jpg format, must meet specified dimensions (either 8 × 16 cm or 16 × 8 cm) with a resolution of 300 DPI to ensure clarity and precision in assessment.
Novelty Grace Period:
- Turkey provides a 6-month grace period for novelty. This means that disclosures made by the designer during this time will not adversely affect the design's novelty, allowing for strategic planning and public engagement before application.
Grant, Renewal, and Maintenance
Each renewal requires payment of fees every 5 years. If fees are not paid within this period, a grace period of 6 months is offered for late payment, though a late fee of 5280 TRY is applied, along with an additional charge of 750 TRY for each supplementary design.
Granting Time:
The average duration for an industrial design to be granted is approximately 10 to 12 months.
Conclusion
Understanding the comprehensive process of registering an industrial design in Turkey is crucial for businesses aiming to secure their brand's visual elements. With its structured procedure and adherence to international agreements, Turkey provides robust protection for industrial designs. For IP professionals and businesses, staying informed about these regulations ensures that their designs are effectively protected, reinforcing their competitive edge in the market.