What is a Design Objection?

In the minds of many people design objection The question is, "What is design?" First, let's discuss what design is! It's the totality of the elements and features of any product, whether in whole or in part, that are perceived by the human senses. Design is extremely broad. In other words, it applies to many products, including furniture, household appliances, electrical and non-electrical products, carpets, and fabric patterns.

For any product to be registered as a design, it must meet the criteria of originality, distinctiveness, and novelty. If an identical or similar product is made available to the public before the application date, the criteria for originality, distinctiveness, and novelty are eliminated.

Design document protection, from the date of application in five years with a renovation most twenty-five years However, the product reaches public domain status after twenty-five years. Therefore, no protection is available.

Design objections apply to applications filed with the Turkish Patent and Trademark Office and those already registered. In other words, similar applications published in the Official Design Bulletins must be monitored. If any similarities are detected, objections must be filed. Design objections must be filed within three months of publication. This prevents applicants from losing their rights.

How to File a Design Objection?

Many people are seeking answers to the question of how to file a design objection. Following a formal and novelty review, design applications are published in the Official Designs Bulletin, published twice a month by the Turkish Patent and Trademark Office. A design certificate is issued approximately 4-5 months after the application is submitted, provided there are no objections.

Designs remain on the list for three months after publication. Objections must be submitted within three months. If no objections are received within this period, the design registration becomes final.

Natural and legal persons have the right to object to published designs by providing a detailed explanation of their reasons. Both reasons and evidence must be included in the objection process. Design objections are submitted to the Turkish Patent and Trademark Office.

Reasons for Design Objections

There are multiple grounds for design objections. Novelty and distinctiveness are the primary grounds for objection. Furthermore, because the registration is in the name of a design, the grounds for objection are likely to be much more detailed. In other words, the novelty and distinctiveness of the design in question must be thoroughly investigated. Furthermore, if the design is not adequately assessed for novelty at the time of registration, a design objection can be filed by third parties, presenting evidence that the design is not distinctive or novel.

Two designs may have some commonalities, up to a certain point, due to the nature of the product. However, each design must possess a unique aspect. In particular, the overall appearance of the resulting new design must be distinctive.

Design Objection Stages

The stages of a design objection can be summarized as follows:

• Natural or legal persons must object to the registration of the design within three months after the design is published in the Official Designs Bulletin.
• Design objections must be made to the Turkish Patent and Trademark Office, and full justification and evidence must be included.
• If a problem with the concepts of novelty and distinctiveness is determined, a design objection can be filed. Designs lacking these two concepts can be cancelled.
• If no objection is made during the publication process, there will be no further action to be taken before the Turkish Patent and Trademark Office.
• In cases where natural or legal persons miss the objection process or do not receive any results from the objection. Intellectual and Industrial Property Rights They can file a lawsuit for invalidity in the courts. However, filing such a lawsuit creates a serious problem, especially in terms of cost.

Documents Required to Prove Justification

Third parties may file an objection within three months of design registration by paying the required fee. Documents are required to prove that the design does not meet the legal criteria of originality, novelty, and distinctiveness, that the application for registration is malicious, and that the design has been publicly disclosed in the past. Relevant documentation demonstrating the unauthorized use of any intellectual property rights must be included in the objection.

Documentary proof is required to demonstrate that the design presented as non-new was previously publicly available before the objected design. These documents must be dated and presented with a declaration of authenticity. Failure to present evidence in a design objection in accordance with the institution's established criteria may invalidate the objection.

Design Objection Results

Design applications are generally finalized within 5-6 months. However, if an objection is filed, the application process may be delayed. Design objections are typically resolved within 4-5 months, but this period can be extended depending on the number of designs in dispute and the intensity of the objection grounds. Consequently, the timing of a design objection decision varies depending on the process and the specific objection. design applicationIt may also prolong the conclusion of the.