Design may consist various features such as lines, color, texture, shape, patterns, surface or other characteristics perceived by the human senses of the appearance of the whole or part of a product. Since designs facilitate the marketing of the product with aesthetically appearance, protection of design rights is important to commercialize the product and protect the value of it.
Alfa Patent Stan Advoka represents Turkish and international clients before the Turkish Trademark Office (TÜRKPATENT) for filing or renewing Turkish designs and following their process, for filing oppositions against Turkish designs or Turkish part of International designs.
Our main services include:
- Performing preliminary research with the name of the product and Locarno class.
- Filing applications and following the process before Turkish Trademark and Patent Office.
- Filing response against the rejection decision of the Office
- Filing opposition against third party design applications and filling a response to the arguments of the opponents
- Providing renewal/annuity payment services
- Filling recordal of changes of name, status and adress
- Filing recordal of assignment, merger, licence
- Filing the withdrawal of a registration or application
- Filing international applications and following up the process before WIPO.
- Filing international applications and following up the process in any country abroad through our international associates.
The protection of designs in Turkey is regulated by the Industrial Property Law No. 6769, which entered into force on January 10th, 2017. Turkey is also a party to the Locarno Agreement relating with the international classification of designs.
- The main requirements for a design protection are novelty and individual character.
- Design shall be the appearance of the whole or a part of a product resulting from the features of, the line, contour, colour, shape, material or texture of the product itself or its ornamentation.
- If the design differs only in immaterial details, it shall be accepted as identical.
- Several designs can be filed with one application except for the ornamentation. In multiple application, each product design is used for and applied to should belong to the same class.
- No power of attorney is need for design application.
- Provided that the right of priority is specified in the application stage, if any, the priority document is needed to be submitted in three months subsequent to the filing date.
- It’s possible to request the postponing of the publication for a period of thirty-month starting from the application date or, if any, the priority date.
- Applicants may response against the rejection decision within two months from the date of notification.
PUBLICATION AND OPPOSITON
- The publication period for third party objections is three months.
- The applicant may response against the opposition within one month.
- The oppositions are examined by Board and the Board decision is the final decision of the Office. This decision can be appealed before court within two months from its notification date.
REGISTARATION, TERM OF PROTECTION AND RENEWAL
- The sealing fee shall be paid in two months from the notification date of the registration decision.
- Design is registered for five years from the date of the application. This protection is renewable by successive periods of 5 years until a maximum period of 25 years.
- Design can be protected as non-registered design in case it is presented to the public for the first time in Turkey. The protection period is three years for non- registered designs.