Unique, aesthetic and genuine
It has to be first registered in the name of its holder in order to be able to protect the creative, aesthetic, genuine, and profitable Designs.
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Design, which is the basis of creating a new product in a visual or technical way, is one of the most important tools that is used by firms to eliminate their competitors today. It has to be first registered in the name of its holder in order to be able to protect the creative, aesthetic, genuine, and profitable Designs.
Visual innovations are the most important basis of Designs and exist in all fields of our lives. There are visual innovations in almost every field from designs in garment industry to shoe designs, from carpet designs to car designs, from souvenirs to bag designs, from kitchenware to the design of medical devices.
Visual innovations are the most important basis of Designs and exist in all fields of our lives. There are visual innovations in almost every field from designs in garment industry to shoe designs, from carpet designs to car designs, from souvenirs to bag designs, from kitchenware to the design of medical devices.
Destek Patent provides a variety of useful services from application processes, design research studies, and analyses to the activities for turning designs into commercial value, and to the management of the legal processes, so as to monitor and protect your inventions both in your own country and abroad.
Destek is always here to help you protect your intellectual capital and values that make you more competitive in the game.
Destek is always here to help you protect your intellectual capital and values that make you more competitive in the game.
Have the lead in the competition
We research which design applications have been made, for you
It is possible to protect your design
Protect your creative design with a registration, which you have designed with a long process and challenging efforts.
Track your Designs
It is not enough for you to protect your designs that highlight the visuality of the product with a registration especially in the sectors such as textile, furniture, machine & engineering, and food, you must undoubtedly get your trademark designs monitored.
Frequently Asked Questions
Here are the satisfying answers to frequently asked questions about designs and design registrations for you.
Design is a view of various items or features including stripes, figures, shapes, tissues of a full or partial product or flexibility or ornament of a material, which are something that people can perceive through their senses. In other words, design is a view of a product or part of a product.
The only authorized institution for that case is the Turkish Patent and Trademark Office. To protect a design by licensing, there are two basic criteria: One of them is a novelty and the other is distinctiveness. Both criteria are interdependent just like two sides of a coin.
• Novelty is defined as working on a previously unknown or known solution, presenting a different product with different comments, approaches, and detail analysis. While determining novelty, it is checked whether the related design has been declared to the public by the right holder or others. Since it is considered in an absolute way, if a similar design is declared to the public anywhere across the world, it means that the novelty feature of the design in question has disappeared. In novelty assessment, the common feature is considered primarily and the difference in small details is not considered novelty.
• Distinctiveness, if a general impression of a design on an informed user is different from the impression of any design declared to the public before the application for a registered design or priority date on the very same user, that design is regarded as it fulfills the distinctive feature criterion. The difference we looking for here is a very distinctive one. An informed user is neither an ordinary user nor an expert. An informed user may be briefly defined as a person who has information and experience about the indicated design and used that product before. For example, a housewife is an informed user of a sofa suite design.
• Novelty is defined as working on a previously unknown or known solution, presenting a different product with different comments, approaches, and detail analysis. While determining novelty, it is checked whether the related design has been declared to the public by the right holder or others. Since it is considered in an absolute way, if a similar design is declared to the public anywhere across the world, it means that the novelty feature of the design in question has disappeared. In novelty assessment, the common feature is considered primarily and the difference in small details is not considered novelty.
• Distinctiveness, if a general impression of a design on an informed user is different from the impression of any design declared to the public before the application for a registered design or priority date on the very same user, that design is regarded as it fulfills the distinctive feature criterion. The difference we looking for here is a very distinctive one. An informed user is neither an ordinary user nor an expert. An informed user may be briefly defined as a person who has information and experience about the indicated design and used that product before. For example, a housewife is an informed user of a sofa suite design.
There are two criteria for the protection of a design by being connected to a license. One of them is a novelty and the other is distinctiveness. Both criteria are interdependent just like two sides of a coin.
• Novelty is defined as working on a previously unknown or known solution, presenting a different product with different comments, approaches, and detail analysis. While determining novelty, it is checked whether the related design has been declared to the public by the right holder or others. Since it is considered in an absolute way, if a similar design is declared to the public anywhere across the world, it means that the novelty feature of the design in question has disappeared. In novelty assessment, the common feature is considered primarily and the difference in small details is not considered novelty.
• Distinctiveness, if a general impression of a design on an informed user is different from the impression of any design declared to the public before the application for a registered design or priority date on the very same user, that design is regarded as it fulfills the distinctive feature criterion. The difference we looking for here is a very distinctive one. An informed user is neither an ordinary user nor an expert. An informed user may be briefly defined as a person who has information and experience about the indicated design and used that product before. For example, a housewife is an informed user of a sofa suite design.
• Novelty is defined as working on a previously unknown or known solution, presenting a different product with different comments, approaches, and detail analysis. While determining novelty, it is checked whether the related design has been declared to the public by the right holder or others. Since it is considered in an absolute way, if a similar design is declared to the public anywhere across the world, it means that the novelty feature of the design in question has disappeared. In novelty assessment, the common feature is considered primarily and the difference in small details is not considered novelty.
• Distinctiveness, if a general impression of a design on an informed user is different from the impression of any design declared to the public before the application for a registered design or priority date on the very same user, that design is regarded as it fulfills the distinctive feature criterion. The difference we looking for here is a very distinctive one. An informed user is neither an ordinary user nor an expert. An informed user may be briefly defined as a person who has information and experience about the indicated design and used that product before. For example, a housewife is an informed user of a sofa suite design.
• Designs that do not have the novelty and distinctiveness features,
• Designs that are against the public order and public morality,
• While conducting the technical function designs that do not leave the designer any freedom of preference on the design features and elements,
• Designs that can only be produced in certain shapes and sizes so as to be able to be mechanically mounted or connected to the designed product to another product are excluded from the framework of the protection.
• Designs that are against the public order and public morality,
• While conducting the technical function designs that do not leave the designer any freedom of preference on the design features and elements,
• Designs that can only be produced in certain shapes and sizes so as to be able to be mechanically mounted or connected to the designed product to another product are excluded from the framework of the protection.
The protection is initiated by the time the application papers required for the design application are recorded in the system of the Turkish Patent and Trademark Office (TURKPATENT). Nevertheless, a design of which the application was made is subject to examination and research at the application stage. That is why, to prevent financial losses of the design of which the application was made, it would be better not to use it until it will be declared in the Official Design Bulletin of the TURKPATENT.
The distinctive feature is regarded as when two products are brought side by side, they are evaluated as the general impression of those products on the customers as a result of expert examination. Distinctiveness evaluation is carried out in terms of similarities. (Similarity criteria with "%" signs are not applied to the designs.) The distinctive feature criteria on designs are regarded as changes to the product which will be made "7-8" (eight) times or the change by "35%", furthermore, this false opinion has no legal basis at all.
It allows only the design right holder to benefit from the economic benefits of design, coming up with the economic advantage over its competition.
• It can be taken over or handed over as an industrial right.
• It provides a right to prohibit the use of the design by others (competitors).
• It offers rights for other people by granting a license. In this way, whereas the designer uses his design himself will have the right to exercise the right to others in return for an economic benefit or in exchange for receiving another license.
• It brings a commercial prestige as it does all around the globe.
• If imitated, there will be an opportunity to enforce any kind of legal process.
• It can be taken over or handed over as an industrial right.
• It provides a right to prohibit the use of the design by others (competitors).
• It offers rights for other people by granting a license. In this way, whereas the designer uses his design himself will have the right to exercise the right to others in return for an economic benefit or in exchange for receiving another license.
• It brings a commercial prestige as it does all around the globe.
• If imitated, there will be an opportunity to enforce any kind of legal process.
Research can be done on two criteria, on the company basis and class basis, and the research data includes designs of which the applications were made to the Turkish Patent and Trademark Office.
You can subscribe to the Official Designs Bulletin that is declared by the Turkish Patent and Trademark Office on its website to announce the applications made, and follow the applications.
You can subscribe to the Official Designs Bulletin that is declared by the Turkish Patent and Trademark Office on its website to announce the applications made, and follow the applications.
If your patented design is being used within the framework of the Intellectual Property Rights Code - Code No 6769, you can file one of the lawsuits stipulated by the code. For that lawsuit, the authority to apply is the Intellectual and Intellectual Property Rights Courts, which operate as Specialized Courts (FSHHM). If there is no FSHHM in your city, you are going to have to apply to the Civil Courts of First Instance.
In civil lawsuits to be filed by the holder of the design right against third parties, the authorized court is the one where the plaintiff is domiciled or where the act of infringement has taken place, or where the effects of the act of infringement are observed.
In a design application and lawsuits to be filed against the design holder by third parties, the authorized court will be the one in the place of residence of the defendant.
In civil lawsuits to be filed by the holder of the design right against third parties, the authorized court is the one where the plaintiff is domiciled or where the act of infringement has taken place, or where the effects of the act of infringement are observed.
In a design application and lawsuits to be filed against the design holder by third parties, the authorized court will be the one in the place of residence of the defendant.
With the New Intellectual Property Rights Code, in faculties and colleges affiliated with universities, it has been regulated that the rights on the designs created by the members of the university as a result of scientific studies belong to the universities. The university must give 50% of the income it has earned on the relevant design to the lecturer, and it is mandatory.
The design monitoring system is a study aimed at comparing the design applications declared in the bulletins in terms of similarity with the registered designs on behalf of the design rights holders and preventing the registration of applications containing similar designs.
If the applications with similar or similar designs declared in the monthly official designs bulletins are not objected or appealed, the registration process of the applied design will be conducted. The right holders who get design monitoring service will be able to protect their rights by objecting to similar design applications in a timely manner.
If the applications with similar or similar designs declared in the monthly official designs bulletins are not objected or appealed, the registration process of the applied design will be conducted. The right holders who get design monitoring service will be able to protect their rights by objecting to similar design applications in a timely manner.
In the Design Monitoring services abroad, the designs of which international or territorial registration applications are monitored through the international bulletins or territorial design application bulletins in a monthly manner. Within the framework of the field-related cooperation between Destek Patent and international organizations, the right holder will be able to get her design monitored abroad as well.
Basically, there are three types of protection requested abroad:
• Community Design Registration System
It covers the scope of the EU State Members, and it is a system that protects designs in 27 Member States with just one application.
• The Hauge Agreement concerning the international design registration applications
According to the Geneva Convention and Hague Agreement Concerning the International Registration of Industrial Designs became effective in our country on 01/01/2005, it is possible to make design registrations in all of the member country/countries (there is an opportunity available to choose the countries from which the application is requested from among the member countries).
• Territorial Application System
It is the preferred application type if an application is requested in 1-2 specific countries that are not included in the registration systems indicated above. Registrations must be requested by applying for each country separately.
• Community Design Registration System
It covers the scope of the EU State Members, and it is a system that protects designs in 27 Member States with just one application.
• The Hauge Agreement concerning the international design registration applications
According to the Geneva Convention and Hague Agreement Concerning the International Registration of Industrial Designs became effective in our country on 01/01/2005, it is possible to make design registrations in all of the member country/countries (there is an opportunity available to choose the countries from which the application is requested from among the member countries).
• Territorial Application System
It is the preferred application type if an application is requested in 1-2 specific countries that are not included in the registration systems indicated above. Registrations must be requested by applying for each country separately.
The bulk registration systems are the international systems that consist of the Office for Harmonization in the Internal Market (OHIM) where there is an opportunity to have a registration valid in all 27 European countries with just one application, and the International Office (WIPO) where there is an opportunity to have design protection with just one application. Applications made using these systems are less costly than applications made separately and all the transactions are executed from a single-center, these are the advantages these systems provide.
Turkish Patent and Trademark Office (TURKPATENT) authorized in this field with the applicable legislation. Turkish Patent and Trademark Office operates under the Science, Industry, and Technology Ministry of the Republic of Turkey in Ankara. The activity authorization in the Turkish Patent and Trademark Office is granted only to the true right holders who made their applications or to the official and registered attorneys who represent them before the Office.
There are two criteria for the protection of a design by being connected to a license. One of them is a novelty and the other is distinctiveness.
Novelty is defined as working on a previously unknown or known solution, presenting a different product with different comments, approaches, and detail analysis. While determining novelty, it is checked whether the related design has been declared to the public by the right holder or others. Since it is considered in an absolute way, if a similar design is declared to the public anywhere across the world, it means that the novelty feature of the design in question has disappeared. In novelty assessment, the common feature is considered primarily and the difference in small details is not considered novelty.
• Distinctiveness, if a general impression of a design on an informed user is different from the impression of any design declared to the public before the application for a registered design or priority date on the very same user, that design is regarded as it fulfills the distinctive feature criterion. The difference we looking for here is a very distinctive one. An informed user is neither an ordinary user nor an expert. An informed user may be briefly defined as a person who has information and experience about the indicated design and used that product before. For example, a housewife is an informed user of a sofa suite design.
Novelty is defined as working on a previously unknown or known solution, presenting a different product with different comments, approaches, and detail analysis. While determining novelty, it is checked whether the related design has been declared to the public by the right holder or others. Since it is considered in an absolute way, if a similar design is declared to the public anywhere across the world, it means that the novelty feature of the design in question has disappeared. In novelty assessment, the common feature is considered primarily and the difference in small details is not considered novelty.
• Distinctiveness, if a general impression of a design on an informed user is different from the impression of any design declared to the public before the application for a registered design or priority date on the very same user, that design is regarded as it fulfills the distinctive feature criterion. The difference we looking for here is a very distinctive one. An informed user is neither an ordinary user nor an expert. An informed user may be briefly defined as a person who has information and experience about the indicated design and used that product before. For example, a housewife is an informed user of a sofa suite design.
First of all, the design/product that is wanted to be registered must be new and distinctive. According to that, the design that is developed is expected to meet the conditions of novelty and distinctiveness from the very beginning. Otherwise will lead to the denial of the registration; however, if it can be somehow registered, again, it is not going to be possible to distinguish the products or services on which the design will be used from the similar products or services that are already available in the market; that is why, the trademark will not satisfy the legal and economic expectations, and the effect of the trademark will be poor.
For that reason, quality and genuine designs should be intended to be created.
For that reason, quality and genuine designs should be intended to be created.