International design registration is an important registration document that is applied for by companies to be able to use the design registrations they have in our country with the same rights and rules when they go abroad and to be protected from rights threats that may arise from third parties.
Companies register designs in order to protect their designs and continue to benefit from them when they go outside their own country. Another name for this trademark registration process is international design registration. Thanks to this system, they can legally protect their designs against all possible threats that may be encountered.
Through international design registration, rights holders aim to expand the scope of their design registrations in multiple countries by registering their designs abroad. Consequently, countries within the scope of an application for European Community Design, consisting of 27 European Union member states, can individually apply for international design registration and take the necessary steps to increase the coverage of their design registrations through this union.
International design registration allows companies to conduct their activities smoothly overseas and, at the same time, increase their market share by exercising their legal rights. Companies that hold design registrations among countries that are parties to the Paris Convention can simultaneously apply for registration in one or more countries.
In Turkey, design rights holders can make international design registration applications in the country of their choice within 6 months, using their priority rights. Under the Hague Agreement, design rights holders in 42 member countries, including Turkey, can apply for international design registration.
On the other hand, among countries that are parties to the Hague Agreement, individuals who are residents can also make applications. Citizens of non-member countries cannot apply for international design registration, and there is no protection for such design registrations in non-member countries.
Design owners who wish to apply for international design registration should first be aware that the application must be made in one of the countries that are parties to the Hague Agreement or in one of the 27 European Union member countries under the European Union Intellectual Property Office (EUIPO). Before making the necessary application to the European Union Intellectual Property Office (EUIPO), certain documents must be obtained initially.
These documents can be listed as follows:
Once all the necessary documents are completed in full, individuals or legal entities who are the holders of design registration in their own country can apply to the EUIPO for an international design registration that may be valid in one or more countries. This obtained design registration provides protection for a period of 5 years, and it can be extended up to 25 years when the renewal process is carried out every 5 years.
International design registration is a system that offers numerous advantages to design owners. Through this international design registration application, individuals who hold design registrations have the right to apply for design protection in one or more countries with a single application. This opportunity significantly reduces the overall cost of the registration process for design owners.
Design registration holders can submit as many applications as they wish, with no limitations on the number of applications for a single individual.
Applicants for international design registration can obtain design protection within just a few weeks, without the need for time-consuming processes like material examinations.
Making an application under the Hague Agreement is much more cost-effective than individually filing for international design applications. By submitting a single application and using a single language, one can obtain international registration for a design that applies to multiple countries. Additionally, any post-registration changes required for the design, such as address or name changes, modifications to the list of goods and services, or transfers of ownership, can be easily recorded in the international register through a single procedure. Since all these processes are coordinated centrally, they are completed much more quickly.
Registering designs on an international platform is now a viable option. In Turkey, international design registration is conducted under the scope of the Hague Agreement. This international design registration system, also known as the Hague system, can facilitate the registration of designs in an economic and more straightforward manner.
Initially, international design registration comes with a protection period of 5 years. When this period expires, it is possible to request extensions in 5-year increments. However, it should be noted that the request for an extension of the protection period must be separately communicated to each individual country. Additionally, the total duration of protection with extensions may vary depending on the specific legislation of each country. In Turkey, the total protection period for international design registration is 25 years. Once this period expires, the design is considered to have entered the public domain.
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