Design pertains to various physical aspects of a product's features. For a product to obtain design registration, it must meet the criteria of distinctiveness, originality, and novelty. However, if a similar or identical version of the product subject to the design has been previously presented to the public, these criteria are no longer applicable. Consequently, the likelihood of a successful registration application for the product will also diminish.
A design patent will protect your product for a period of five years from the application date. After five years, you need to renew your registration. You can extend this period for a maximum of twenty-five years. Beyond twenty-five years, there won't be any protection as the product will enter the public domain.
Design objection is related to products that have already been registered by the Turkish Patent and Trademark Office or for which applications were made before you. Therefore, it is essential to monitor all similar applications that have been published in the Official Design Bulletins. If any similarity is detected, objection procedures must be initiated. Objections must be made within three months from the date the product in question is published. This way, it is possible to prevent the loss of rights for applicants who have previously registered a similar product.
There can be multiple reasons for a design objection. The main reasons for making objections include the absence of novelty and distinctive features. In addition, the grounds for objecting to the registration of the design can be much more detailed. In other words, the design subject to objection should have new and distinctive features. This situation should be thoroughly investigated down to the smallest detail. Moreover, if a proper assessment of novelty is not conducted during the design applications, third parties can object by presenting evidence that the design lacks novelty and distinctiveness.
Between two designs, there may naturally be certain mandatory common points due to the nature of the goods. However, each product for which a design application is made must also have its unique aspect. Especially, the physical overall appearances of new designs should be distinctive.
The Turkish Patent and Trademark Office publishes the Official Designs Bulletin twice a month. Applications made by both natural and legal persons are included in this bulletin after undergoing novelty and formal examinations. The document that provides protection for the rights of the product after the registration application is typically granted within an average of 4-5 months, provided that there are no objections.
Designs that have been applied for remain in the publication for a period of three months. During this three-month period, it is necessary to raise objections to the published designs. If there are no objections during this period, the registration of the design becomes final.
Design owners have the right to raise objections to newly published designs and provide detailed reasons for their objections. During the objection process, it is important to present substantial evidence. Objections are submitted to the Turkish Patent and Trademark Office.
It is of utmost importance that objection procedures are carried out in a specific and correct manner. Within three months of the publication of a similar design in the Official Designs Bulletin, both natural and legal persons are required to file objections. Objections must be submitted to the Turkish Patent and Trademark Office with complete reasoning and supporting evidence.
If there are any issues related to distinctiveness and novelty, a design objection can be filed. Designs lacking these two concepts have a very high likelihood of not being registered.
Timing is crucial in the objection process. If you miss the three-month objection period, you can file a lawsuit in the Intellectual and Industrial Property Courts. Additionally, you can also appeal to the court regarding rejection decisions made by the Turkish Patent and Trademark Office. However, it should be noted that initiating such lawsuits can result in significant costs.
After the design registration, objection procedures can be initiated by paying a fee within three months. If the design does not meet the criteria of originality, distinctiveness, and novelty, or if the registration application is believed to be made in bad faith, supporting reasons must be substantiated with evidence. Documents related to the unauthorized use of intellectual property rights should also be included in the objection application.
The most critical evidence regarding the lack of novelty in a design is the prior public disclosure of such a design. In this case, it is mandatory to substantiate this with documents. These documents must be dated and presented in their original form. If the evidence presented in a design objection does not comply with the criteria set by the institution, the objection may be considered invalid.
Design applications are typically processed within 5 to 6 months. However, objections to designs can cause delays in registration. Design objections are usually resolved within an average of 4 to 5 months. Nevertheless, the duration may vary depending on the number of designs under objection and the complexity of the reasons provided.
The timing of a design objection decision varies depending on the design and the reasons provided. This situation can also prolong the resolution of the design application under objection.
In conclusion, great care must be taken during the design objection process. It is crucial for objection applications to have accurate and substantiated documentation.
