DESIGN REGISTRATION

The Importance of Design Registration

Design registration is among the most important elements in terms of protecting the products offered to the consumer and creating a perception of quality in the eyes of the consumer.

We all know that the images of the products have a primary impact on the sales of the product, especially considering that online sales have replaced face-to-face sales during the pandemic period. As a matter of fact, many companies have no choice but to stand out with design differences in terms of products of similar quality and quality.

It is a frequently encountered situation that designs preferred by consumers are imitated by third parties and institutions shortly after they are offered to the consumer.

It is important that the designs of your business are subject to a registration application before being offered to the consumer. Since innovation is sought worldwide in terms of designs, it is not recommended to subject the product to a registration application after it is offered to the consumer.

In such a case, your opportunity to receive compensation for the effort and time you spend in the creation of the designs may be eliminated.

Innovation Criteria in Designs

The most important criterion in terms of design applications is world-wide innovation, as in patents.

It has been regulated by the Turkish Patent and Trademark Office that no registration certificate will be issued for design applications that are understood to be not new. In this way, the aim is to accept the innovation review and register only original designs. As a matter of fact, the most important features that should be in the design are innovation and distinctiveness, and these elements are the basic building blocks of the design.

Scope, Conditions and Duration of Protection

In order for a registered design to fully benefit from protection, this design must meet the criteria of novelty and distinctiveness. Even if designs that do not meet these criteria are registered, they may subsequently be invalidated and deleted from the registry through an invalidation lawsuit.

In design, the limits of the designer's freedom of choice are also important. In evaluating the distinctive quality of the design, the degree of freedom of choice the designer has is taken into account. Freedom of choice means that the designer has an unlimited number of options in design other than the elements required by the technical structure of the product. The appearance features required by the technical structure of the product are outside the scope of design protection.

The protection period for registered designs is regulated as five years from the application date. This period can be extended up to a total of twenty-five years by renewal in five-year periods.

Minor changes made in design registrations compared to designs previously made available to the public will not be considered as differences.

The most important benefit provided by Industrial Designs is the ability to prevent third parties and institutions from producing the same or indistinguishably similar products produced with your labor and time.

The design registration provides the owner with various rights, such as requesting that their products be imitated by third parties, the collection of counterfeit products, and the seizure of promotional tools when necessary. All processes required for your business to benefit from Industrial Design registration and the rights arising from registration are managed by our experienced and expert team, who knows the importance of design today, before the Turkish Patent and Trademark Office.

Our Design Registration Services

In order to ensure the effectiveness of the rights arising from the Design Registration, our Team carries out the necessary research and guidance before the Industrial Design application, manages the registration application processes, provides the necessary legal consultancy in terms of legal disputes that may arise after the registration, transfer - license, etc. A wide range of services are offered, including the execution of transactions.

Our team provides meticulous service to your business in terms of Industrial Design registration and related legal procedures through our experienced expert attorneys. All processes that are important regarding design, such as informing whether designs have registration conditions, applying for a design accordingly, registration, objection against the decisions of the Institution and design renewal, are carried out by our experienced Team.

In this form, it is possible to see brand investment as a factory, a machine difference or an effort to increase the reputation of the business. Just as title deed registration in real estate provides you with the same rights, branding also provides you with the same rights. That's why it is indispensable.

Considering that it is also a prerequisite for international registration, it offers an opportunity to take your investment abroad. Sometimes you have the chance to turn your brand into capital, even easier than turning your business's assets into cash. Again, the rights provided to the owner of the trademark registration are not far behind the rights provided to the owner of the title deed registration. Especially in the new law no. 6769, the rights provided to the trademark registrant by the trademark make it much easier to take action through the prosecutor's office through criminal means. It would not be wrong to say that in terms of criminal sanctions, trademark is given more meaning than design and patent in Law No. 6769.

To get more detailed information about the subject and ask your questions you can reach us via e-mail:bilgi@dagciteke.com