Industrial Design Registration

Industrial Design Registration

WHAT IS INDUSTRIAL DESIGN?
Industrial design is the appearance of all or a part of the product or the ornament on it resulting from features such as line, shape, form, color, material or surface texture. In order for a design to be protected, it must have the criteria of "innovation" and "distinctiveness". To explain;

  1. Innovation: If the same design has not been presented to the public anywhere in the world before the application or priority date for a registered design, that design is considered that it has innovation.
  2. Discrimination: The overall impression that a design leaves on the informed user; If any design presented to the public before the application or priority date for a registered design is different from the general impression it creates on the same user, this design is considered to have a distinctive feature.

Design registration preserves the “image”. In short, design is the meeting of the mind with aesthetics. Your original drawings and shapes must be preserved. If we need to exemplify the designs, we can compare the thin waisted tea cup with the normal tea cup. In many houses, ladies prefer the thin waisted tea cup as a priority. The reason for this preference is due to the importance of design. The more fine details your design differs, the more preferable you will be to your average consumers. In order to protect your designs, which are the product of your creativity, against those who want to gain commercial profit by imitating your designs, you need to register an ındustrial design registration.

HOW LONG IS THE INDUSTRIAL DESIGN PROTECTION?    
Industrial designs are protected for 5 years from the date of application. This period can be extended up to 25 years with the design renewal process.

WHAT IS THE SCOPE OF INDUSTRIAL DESIGN RIGHT? HOW DOES REGISTRATION PROTECT?
The owner of the design, which protects its design by registering it, gives the right to prevent third parties from producing, placing on the market, importing, using for commercial purposes or holding for these purposes, or making suggestions for making a contract, without permission of the design or the product to which the design is applied. Therefore, it is extremely important to register your design.

I HAVE AN INDUSTRIAL DESIGN, WHEN SHOULD I APPLY FOR REGİSTRATION?
If you have shared your ındustrial design to the public in any way, you must apply for ındıstrial design registration within 12 months. Public share can take the form of sharing, for example, sharing on social media. If you apply for design registration after 12 months have passed after sharing it to the public, even if you receive your design registration certificate, your certificate may be canceled by filing an invalidation case.

CAN I PROTECT MY INDUSTRIAL DESIGN ABROAD?
As with the trademark, patent / utility model, industrial design applications are valid only in the country where they are made. Therefore, if you want to protect your design outside the borders of Turkey, you must apply for international design registration. In order to protect the industrial design in other countries outside the borders of Turkey, an application can be made on a national basis. Application on a national basis is a type of application that can be made through each country's own system and its own proxies. Generally, it is not preferable to apply in this way for more than one country.

Within the framework of the Hague Agreement signed by Turkey as of January 1, 2005, it is possible to register your industrial design in more than one country with a single application through WIPO. This application has advantages such as low cost, application in a single language, post-application transactions from a single center and registration in a short time. Another type of international application is the European Community Design (RDC) Application. Thanks to this application, industrial design registration is provided in the member countries of the European Union with a single application. Another form of application is the system that allows one-time application in 16 African countries thanks to OAPI (African Industrial Property Rights Organization).

We ensure that your international design registration applications are made and all processes are followed in accordance with the procedures, thanks to our cooperation with our expert staff and our colleagues who are trademark patent attorneys abroad.
 

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