Ata Patent Inc. is a globally recognized Turkish IP law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Ata Patent has assembled an experienced group of Turkish design patent lawyers to help clients obtain, protect and enforce intellectual property rights, they also provide assistance in Turkish design patent law. Our Turkish patent lawyers provide a broad range of design patent services including; design patent application, renewal, protection such as intellectual property litigation, appeal, opposition, cancellation, assignment, monitoring, search, and licensing.

Ata Patent’s Patent Team has been protecting clients’ intellectual property since 1996. We make it our business to intimately know our client businesses; venturing well beyond the traditional patent prosecution processes of other firms to realize unforeseen opportunities. More than eighty percent of our lawyers are registered patent attorneys with proficiency in virtually every technical field. Many of our attorneys bring business experience or advanced degrees in science and engineering to client matters, combining extensive legal knowledge with practical and technical experience. We understand the mechanics of product design, manufacturing and distribution, counseling clients in both consumer and commercial markets.

Ata Patent’s Turkish patent attorneys not only prosecute but also litigate patents, giving you a distinct advantage. Rather than merely process a patent, our attorneys anticipate evolving trends and assess the likelihood of future litigation. We scrutinize the marketplace, continually staying abreast of changes affecting a client’s business.

Our firm has long history and outstanding reputation for the service and practical guidance that our attorneys provide to business owners, management and executives. Assisting our clients operate successful businesses is a source of pride. Our attorneys assist clients with their business needs from planning and formation though operation and implementing an exit strategy.

Turkish Design Patent Law

Turkish Design Patent Law

Ata Patent guides its clients through the maze of regulations and procedures involved in obtaining a design patent in Turkey. Your intellectual property is the most crucial aspect of your business’ ability to thrive and, in today’s global, competitive market, protecting your design patent is more important than ever. Registering a design patent not only protects your business or innovation from being stolen or misused, it also gives you an asset that can be licensed and sold..

As a leading Turkish intellectual property firm, Ata Patent has the expertise and practical experience to develop and then implement a design patent strategy that safeguards your brand, your intellectual property, and your investment. We make sure you and your design patent are completely protected, so any profits derived from your asset end up in your back pocket.

Additionally, our firm provides design patent prosecution and counseling services in a wide range of technical and business areas, in almost every industry, and in both the retail and commercial markets.

Turkish Design Patent Registration Law

Turkish Design Patent Registration Law

The registration process of the industrial designs in Turkey is formed up four main processes which can be summarized as formal examination, registration into the industrial design records and publication, oppositions and certification.

Formal examination: It is the initiative examination of the application carried out in accordance with the provisions in Article 3 of the relevant Decree in the Force of Law together with the examination to be executed under the terms stipulated in the Regulation. The initiative examination is the examination of the applications in accordance with the definitions of the products and designs under this particular clause and rejection of the applications which do not comply with such definitions.

The formal examination is the examination to verify whether the required documents are submitted in the course of application or not and if submitted whether they are comply with the clearly made statements in the articles of the pertinent Regulation or not.  The applications that are complete as a consequence of the above examination, shall be registered into the design records and published in the Official Industrial Design Bulletin.

Referring to a published design for a period of 6 months from the date of publication, the natural or legal and real persons, related professional organizations may file an opposition in Turkish Patent Institute against the issuance of a particular registration certificate provided that such an opposition fulfills the requirements stipulated in the pertinent regulations and the grounds of opposition clearly described. The opposition and the justification for such an opposition are delivered to the person claiming for design rights.

With respect to any design already published, the persons and the Professional organizations may file an opposition against issuance of a registration certificate within six months from the date of publication, depending on the fact that the design is not new and does not have an individual character or the design presents on holding the rights for such a design. The opposition made is examined by the Re Examination and Evaluation Committee under the light of the documents submitted to verify the right holder or the novelty and individual character terms. In case no opposition is made within the legally stipulated period of 6 months or as a result of the refusal of the oppositions, the certificate of design registration is to be forwarded to the applicant. In case the opposition period of 6 months expires, the matter can be referred to the courts for the cancellation or invalidity of the design registration.

Industrial Design Protection In Turkey

How Long Is Industrial Design Protection In Turkey?

The term of protection of the registered designs in Turkey is 5 years from the date of application. The term of protection may be extended up to 25 years in every 5-years renewal period.

What is the Difference Between the Designer and the Person Claiming Registration?

Any may claim for design right. The holder of design right is who manufactures, markets, sells, contracts and uses the design commercially. The designer is the person who actually made the design.

What is Multiple Application? What are the Provisions for Multiple Application?

The multiple application is the claim for protection for more than one design in a single application. In order to make multiple application, the products should; belong to the same sub-class, or belong to the same set, or peaces of unfield product or be compounded with aggregately perceived multiple objects and presentations.

The registration process of the industrial designs in Turkey is formed up four main processes which can be summarized as formal examination, registration into the industrial design records and publication, oppositions and certification.

Formal examination: It is the initiative examination of the application carried out in accordance with the provisions in Article 3 of the relevant Decree in the Force of Law together with the examination to be executed under the terms stipulated in the Regulation. The initiative examination is the examination of the applications in accordance with the definitions of the products and designs under this particular clause and rejection of the applications which do not comply with such definitions.

The formal examination is the examination to verify whether the required documents are submitted in the course of application or not and if submitted whether they are comply with the clearly made statements in the articles of the pertinent Regulation or not.  The applications that are complete as a consequence of the above examination, shall be registered into the design records and published in the Official Industrial Design Bulletin.

Turkish Design Patent Services

Turkish Design Patent Services

Intellectual Property has come to constitute ever increasing value in today’s competitive, technology-dominated markets. Our experienced Patent Team excels both in protecting patent assets and in enforcing and protecting patent rights in litigation. Each of the lawyers within our IP law firm is member of Istanbul Bar and has been recognized as a top lawyer in this field.

  • Preparation and filing of design patent applications
  • Comprehensive prosecution services in Turkish for utility and design patents
  • Coordination of design patent prosecution in foreign countries and regions
  • Prosecuting interference contests to resolve priority in invention
  • Design patent appeals to the Board of Patent Appeals and Interferences of the Turkish Patent Institute
  • Rendering legal opinions on the strengths and weaknesses of design patents
  • Rendering legal opinions on patentability, right-to-use, validity, enforceability, and infringement
  • Design patent infringement litigation before Turkish Courts
  • Design patent appeals at the Turkish Supreme Court

Design Patent Infringement and Penalties in Turkey

Imprisonment or fines shall be applied on those who make false statement in the fake capacity of design right holder or those although not granted any authorization, who remove the signs on the goods or packages which evidence the design protection or those who pretend that they are the applicant or the holder of any design right.

Although it is already known or should have been known that there never existed any proprietary right, those who transfer, issue, encumber or possess the licenses or any of the design rights or those who place any sign which may connote legally protected right onto the goods/ packages/ commercial documents/ advertisements manufactured by themselves or any other person or put on sale in the case of expiration of the protection period or null design rights or cease of the rights arising from registered design are sentenced to imprisonment and fines. In addition to the imprisonment and fines, in the case of infringement to the design rights the place of businesses of those are closed not less than one year and they are prohibited from dealing with commercial activities within the stipulated period.

Is Turkish Industrial Design Registration Valid in the World?

Registration of any industrial design provides national protection to the holders. In other words, the protection through registration is valid only within the boundaries of the country of registration. Therefore, if it is claimed to protect the design in more than one country, it is the best way to file an application to the offices in each of the countries where the protection is to be claimed, separately. However, since it has been observed recently that any separate application to each of the offices in such countries has led to several problems in terms of different application processes and use of different languages, there established systems which provide protection in more than one country through a single application to be made. For this specific purpose, The Hague Agreement Concerning International Deposit of Industrial Designs was put into effect in our country on January 01, 2005.

Legal Proceedings of Amendments to the Application and Registration of an Industrial Design

It is possible to transfer the design application or the registered design to another person. In addition, the right of utilization obtained through design rights may be the subject of the license agreement, that is to say, it can be leased to another person by means of a contract. It is also possible to transfer the design rights to the successors through inheritance or to pledge the same. Such legal proceedings on the registered designs and the changes in address, title or such other particulars of the holder of the design rights should be entered into the industrial design records in order to make such procedures meaningful in the vicinity of the third parties. Therefore, it is of great importance to notify such procedures and changes to the Turkish Patent Institute.

Design Patent Renewal in Turkey

Design Patent Renewal in Turkey

The protection period for a registered industrial design is 5 years and should be renewed every 5 years for 4 times for the extension of protection up to 25 years. The renewal period of a registered design begins 6 months before the end of the protection. Designs can be renewed with late payment for up to 6 months after the end of protection. Renewal fees should be deposited at the Turkish Patent Institute by a representative of the company or a trademark attorney. In case such fees are not deposited, registered designs are considered invalid, that is, the monopoly right thereof is removed and they became the property of the public. Unlike patents and trademarks, there is no requirement to work/use of industrial designs in Turkey.

How Long is Industrial Design Protection in Turkey?

The term of protection of the registered designs in Turkey is 5 years from the date of application. The term of protection may be extended up to 25 years in every 5-years renewal period.

What is the Difference Between the Designer and the Person Claiming Registration Right?

Any may claim for design right. The holder of design right is who manufactures, markets, sells, contracts and uses the design commercially. The designer is the person who actually made the design.

What is Multiple Application? What are the Provisions for Multiple Application?

The multiple application is the claim for protection for more than one design in a single application. In order to make multiple application, the products should; belong to the same sub-class, or belong to the same set, or peaces of unfield product or be compounded with aggregately perceived multiple objects and presentations.

Which Documents are Required for the Finalization of the Application Date for the Registration of the Industrial Design?

The protection of the registered design commences upon the finalisation of the application date. If the documents specified below are submitted during application stage, the date of application shall be such date and if the same has not been submitted, the date on which the documents are completed shall be the finalised application date.
The documents are as follows: The form of application in the contents of which the ID data of the applicant are included.

Reach us for Turkish Design Patent Lawyers

Since its foundation in 1996, Ata Patent has been the choice of numerous clients throughout the World. At Ata Patent, we partner with our clients to grow their businesses by protecting their intellectual property with strategic planning, customized and scalable solutions, and cost-effective project management.  We prosecute and maintain patents, design patents and trademarks across a variety of industries and in multiple countries, litigate in IP courts and before TPO. For a complimentary consultation you may reach our design patent attorneys for Turkish Design Patent Law by sending an e-mail or through our Contact page.