FAQ

FAQ

MOST QUESTIONS ABOUT TRADEMARK REGISTRATION

Brand Registration

What is a Brand?
A brand is a unique and identifying impression created in the minds of consumers about a product, service, organization or business. This impression reflects the quality, identity, value and distinctiveness of the product or service, functioning as a symbol or identity that influences consumers' preferences and creates loyalty. A brand is a whole created through name, logo, colors, design, advertising campaigns, customer experience and communication. A successful brand provides an advantage in a competitive market by creating trust, recognition and positive emotional bonds among consumers.
What Cannot Register as a Trademark?
Signs that cannot be registered as trademarks are listed in detail in Article 5 of the Industrial Property Law No. 6769. According to this provision of law, the following situations cannot be registered as trademarks:
1-Any sign outside the trademark definition.
2-Signs that have no distinctive character.
3-In the field of commerce, signs containing information such as variety, qualification, quality, quantity, purpose, value, geographical source, or signs containing designations.
4-Signs that are confusingly similar to trademarks previously registered or applied for registration in relation to the same or similar goods or services.
5-Signs identifying a particular profession, art or trade group.
6-Signs containing shapes or other features arising from the nature of the goods.
7-Signs that may mislead the public, especially those containing misleading information about the nature, quality or geographical source of the goods.
8-Other signs known to the public and public knowledge, signs containing coats of arms, insignia or designations that have not been granted registration permission by the authorities.
9-Signs containing religious values or symbols.
10-Signs contrary to public order or general morality.
11-Signs containing registered geographical indications or signs based on registered geographical indication.

These restrictions are introduced to ensure that trademark registration applications comply with certain rules and ethical rules and are taken into account during the examination of trademark registration applications.
Who is the Trademark Application For?
Citizens of the Republic of Türkiye,
Individuals or companies residing or carrying out commercial activities within the borders of the Republic of Turkey,
Persons who have the right to apply under the Paris Agreement or the Agreement Establishing the World Trade Organization,
In accordance with the principle of reciprocity, citizens of other countries that provide industrial property rights protection to citizens of the Republic of Turkey,

They can apply for a trademark.
What Are the Consequences of Not Using the Registry?
If a registered trademark is not used without a justified reason for five years from the date of registration, or if this use is interrupted uninterruptedly within a five-year period, the trademark may be canceled by court decision. However, a lawsuit cannot be filed for cancellation of the trademark right during this five-year period. In addition, in cases where non-use occurs for a justified reason, the trademark right cannot be invalidated. Justifiable reasons may be based on factors such as extraordinary circumstances or special circumstances of the product or market.
When Should I Register My Trademark?
The application time for trademark registration may vary depending on the geographical region where you want to protect your trademark and your brand strategy. Here are some situations where you should consider the most appropriate times for trademark registration:

When You Create Your Brand:From the moment you create your brand, you can start thinking about trademark registration. Because it is important to act early to prevent your brand from being used or copied by others.

When You Establish Your Business:When you officially establish your business or start your commercial activities, it may make sense to apply for trademark registration. Because it is important to provide brand protection when you start using your brand in your business activities.

When You're Considering Expansion: If your business has growth plans and you're considering expanding your brand to a larger geographic region or new product and service categories, applying for trademark registration can support those growth plans.

If There is a Risk of Competition and Copying:If the competition in the sector in which your business operates is intense or there is a high risk of your brand being copied, registering a trademark is important to take action quickly.

When You Launch Products or Services:When you launch your products or services on the market, registering a trademark is important to give confidence to existing and potential customers and to prevent possible conflicts with your competitors.

Remember that the trademark registration process can take time, so it is often best to apply at the earliest stage possible to protect your trademark. Additionally, it is important to pay attention to local and national legal requirements when applying for trademark registration, so it may be beneficial to seek professional advice from a trademark expert or lawyer.
When You Want to Apply for Trademark Registration Abroad...
When you want to apply for trademark registration abroad, there are some basic application forms and methods listed below:

National Trademark Application:Each country has its own trademark registration process and rules. For trademark registration abroad, you may need to make separate national applications in each target country. This is the most common method when you want to protect your brand in a specific country.

European Union Trademark (EUIPO): There is a trademark registration system that is valid in all countries within the European Union. You can obtain trademark protection throughout Europe by applying to EUIPO.

WIPO (World Intellectual Property Organization): WIPO provides an option for international trademark registration. Similar to the Madrid Protocol, you can seek trademark protection in more than one country with one application.

Country Governments or Trademark Offices: Some countries accept trademark applications from abroad and provide trademark protection. In this case, you must contact the trademark office of the relevant country.

Application Through a Lawyer or Momentofis: The trademark registration process abroad can be complex and involve legal requirements. Therefore, working with a lawyer or Momentofis can make the application process smoother.

When applying for trademark registration, it is important to consider each country's legal requirements, application fees and processes. It is also recommended that you conduct research to ensure that your trademark is unique and registrable in relevant countries before starting the application process. Therefore, seeking professional legal advice can help you manage the international trademark registration process more effectively.
What can rights holders whose trademarks have not yet been finalized do?
The reports received thanks to the brand tracking service can help you direct your investments effectively. In addition, it may exercise its right to object and prevent the registration of trademarks for which it has applied for trademark registration and which are similar to the trademark it has previously used, before the relevant trademark registration process is completed.
What is required to become a well-known brand?
Under the influence of Turkey's international agreements and judicial decisions, the features required for a brand to gain well-known brand status have been specifically determined. These criteria include the elements taken into consideration to determine the brand's national and international recognition. Please contact us to learn more about what criteria are taken into account.
What kind of legal status do previously acquired trademarks have?
Trademarks that have been registered as well-known trademarks in the past years cannot be removed from the registration after a certain period of time. However, in some cases, various dispute situations may arise in which the notoriety of the relevant well-known trademark at that time must be taken into account.
In what cases will my trademark lose its validity?
Turkish Patent and Trademark Office carries out an evaluation based on the petition and evidence submitted by the applicant. During this evaluation process, it examines whether the conditions required for the brand to have well-known brand status are met. During this review, although not all of the criteria for being a well-known brand must be met, the majority of these criteria must be met. Otherwise, the Turkish Patent and Trademark Office may reject the relevant application.
What is the importance of trademark registration?
When you are concerned about your trademark being imitated in a distinctive manner, it is important to register your trademark by applying to TÜRKPATENT as quickly as possible. Other real or legal persons may take action before applying for registration for your trademark, and this may harm your rights and time. If your trademark meets the registrability criteria, it will be registered and protected for ten years. You can extend the protection period as much as you want by requesting a renewal at the end of each ten years. Beyond that; • All rights of the registered trademark belong to you and third parties cannot use it without permission. • Additionally, you have the option of transferring your trademark to someone else or granting them the right to use your trademark (license).
What are the things required before registering a trademark?
First of all, the sign that aims to be registered as a trademark must have a distinctive feature, this is an important requirement. For this reason, it must be ensured at the beginning that the sign being studied is distinctive. Otherwise, the registration of the mark may be prevented and even if the mark is registered, it may fail to distinguish it from similar products or services on the market. This means that the legal and economic advantages expected from the trademark will not be obtained and the effect of the brand will be limited. As stated above, the fact that the same or similar sign that is being worked on has been registered or applied for by others before may be an obstacle to the registration of the trademark. Therefore, it is necessary to conduct a similarity search. In this way, similar trademarks can be determined in advance and application costs can be reduced, and pre-determination of the sign you intend to invest on can provide significant economic advantages and the discovery of new signs.
What is the registration period for the trademark?
From the beginning of the trademark application period, if all the necessary conditions are met and the documents are submitted to TURKPATENT in full, the documentation of the application takes place within 6 to 10 months. However, this period may be extended in some cases. If the trademark applied for is not found to be distinctive in the examination carried out by TURKPATENT, is similar to registered or in-process trademarks, or if there is an objection from third parties at the announcement stage, the period for filing the document may be up to 18 to 24 months.
What are the advantages of working with a trademark attorney?
For the trademark to be registered, preliminary research and registrability evaluation must be carried out meticulously by the trademark attorney before the official application. It should be noted that following the application, the relevant file may be subject to periodic procedures specified in the Industrial Property Law, such as rejection, objections or completion of deficiencies. For this reason, it will be very useful to work with a trademark attorney registered in the TÜRKPATENT registry to prevent loss of rights.
What are the rights arising from the trademark registration application?
An administrative review process begins when the documents required for the trademark application are submitted to TÜRKPATENT. This application gives priority to the right holder and the determination of this right is made taking into account the date, time and minute on which the application is registered. The right of priority creates an obstacle to the registration of an identical or nearly identical mark for identical or similar goods or services. In this way, the right obtained by the application provides protection against future applications being blocked by a decision made or an objection made by TURKPATENT. • The right to apply, upon the request of the applicant or his representative, provided that the content of the trademark application, goods or services are not changed; It allows the correction of inaccuracies such as errors in the applicant's name and address, and spelling errors. • The right to apply provides the applicant with the option of withdrawing the trademark before it is registered. • The right to apply provides the applicant with a right that can be inherited, transferred, seized, pledged or licensed.
Can registered geographical indications be transferred to individuals or companies later?
According to the Industrial Property Law, which came into force on January 10, 2017, signs that are part of or contain a registered geographical indication can no longer be registered as trademarks. The use of previously registered trademarks containing a registered geographical indication must comply with the registration regulations of the relevant geographical indication.

MOST QUESTIONS ABOUT PATENT

Patent

What is an invention?
An invention is a new and useful product, device, method or process. Inventions are innovations made to solve an existing problem, improve a product or meet a new need. They often arise as a product of technological or scientific progress. Inventions can be protected under patent law. In order for an invention to be patented, it must meet certain criteria. These criteria generally include elements such as the invention being new (that is, something that has not been known before), being industrially applicable, the inventor having taken a creative step, and being able to be explained clearly and understandably. Inventions can occur in different fields, for example, inventions can be made in many different sectors such as medicine, engineering, chemistry, computer science. Inventions are important elements that contribute to sustaining technological progress and innovation.
Which is the authorized institution for patent registration? Who can do it?
Patent registration procedures in Turkey are carried out by the Turkish Patent and Trademark Office (TÜRKPATENT). TÜRKPATENT is an official institution in Turkey that accepts patent applications, provides patent registration and carries out related transactions.

People who have the right to apply for patent registration are generally:

Citizens of the Republic of Türkiye.
Real persons residing in Turkey or carrying out commercial or industrial activities within its borders
Legal entities (companies, institutions, associations, etc.) resident in Turkey or carrying out commercial or industrial activities within its borders.
Foreign persons or legal entities who have the right to apply under the provisions of the Paris Agreement or the Agreement Establishing the World Trade Organization.
Patent applications are generally made through trademark attorneys or patent attorneys. Trademark and patent attorneys are professionals who specialize in managing relevant processes, preparing and monitoring applications, and paying the necessary application fees. It is generally recommended to use the services of a patent attorney or trademark attorney to ensure that applications are made accurately and completely.
Which inventions are not patentable?
While patent law protects inventions that meet certain criteria, it excludes some inventions from protection. Here are some examples of inventions that are generally not patentable:

Natural Phenomena and Living Creatures: Natural phenomena, discovered natural phenomena, and natural creatures (for example, plant or animal species) are not within the scope of patents. However, versions of these natural elements that have been modified by human intervention or artificially produced can be patented.

Scientific Theories: Just a scientific theory or a mathematical formulation is not covered by a patent. However, when these theories or formulas are combined with a concrete application, they can be patented.

Artistic and Aesthetic Issues: Artistic works (for example, paintings or sculptures) and aesthetic designs are not under patent protection. These are often protected by copyright or design rights.

Human Medical Treatments:Medical treatment methods used to improve or treat a person's health cannot be patented. However, methods used for the production of medical devices or drugs may be patentable.

Inventions Contrary to Morality and Public Order: Inventions that are contrary to morality or public order or contrary to the general moral values of the society are generally not included in the scope of patents. For example, inventions used for human cloning or weapon production cannot be patented.

Intelligence and Privacy Violation:Inventions designed to steal someone else's confidential information or use it for intelligence activities cannot be patented. Such inventions are unprotected because they promote illegal or unethical purposes.

Each country may have different rules regarding patent law and non-patentable inventions, so it is important to contact the relevant country's patent office or a patent attorney before applying for a patent.
What is a Utility Model and what are its benefits?
A utility model is a type that provides patent protection provided that the invention is new and industrially applicable. Utility models include inventions that are simpler and have a lower level of novelty, and often involve improvements in the design or structure of products. Therefore, utility models can also protect complex or uncreative inventions.

Utility model applications are generally processed faster than patent applications and can be finalized in a shorter time. This offers inventors a faster protection process. Other advantages of utility model applications may be:

Fast Process:Utility model applications are evaluated faster than patent applications. This allows inventors to obtain protection rights more quickly.

Lower Costs: Utility model applications may require lower fees than patent applications. This can be an especially economical option for small and medium-sized businesses.

Less Documents: Utility model applications generally require less detailed documentation. This makes the application process simpler and faster.

Provides Protection:Utility models give inventors the right to prevent others from using their inventions for a certain period of time. This is a significant advantage if the invention is commercially valuable.

Protects Product Design:Utility models can protect the design or structural features of products. This can prevent the design from being copied or imitated.

The duration of utility model protection may vary by country, but is generally 10 years. After this period expires, the protection ends and can be freely used by others. Before applying for a utility model, it is important to examine the utility model laws and application procedures of the relevant country.
How many types of patent systems are there in Turkey?
There are two types of patent systems in Turkey:
Short-Term Patent (Utility Model): Short-term patent is also called utility model and protects inventions that are simpler and have a lower level of innovation. Short-term patents may include improvements to the design or structure of products. Short-term patents are generally granted more quickly and are obtained at lower costs. The protection period is 10 years.

Standard Patent: Standard patent protects inventions that are more complex, creative and have important innovations. Standard patents may cover innovations that solve technical problems arising from the structure of a product or the application of a process. Standard patents may have a longer examination period and require a more detailed application procedure. The protection period is 20 years.

The patent system under which an invention will be protected is determined depending on the complexity of the invention, its level of innovation and its field of use. The utility model (short-term patent) is suitable for simpler and lower novelty inventions, while the standard patent is used for more complex and creative inventions. Both types are issued by the Turkish Patent and Trademark Office (TÜRKPATENT).
What should the inventor do after receiving the document?
The patent owner or the person authorized by him has the obligation to actively use the invention protected by the patent. During the evaluation of use, market conditions and factors beyond the patent owner's control are taken into account. In addition, a regular renewal fee must be paid during the Patent or Utility Model protection period. Starting in the 3rd year from the initial renewal application, subsequent renewal fees must be paid annually.
How to apply for a patent abroad?
To apply for a patent abroad, you need to follow the steps below:
International Patent Cooperation Treaty (PCT) Application: PCT is often used as the first step for those who want to apply for a patent abroad. PCT application gives the right to apply for a patent in many countries simultaneously. This process is managed by WIPO (World Intellectual Property Organization). To apply for a PCT, you must contact your local patent office or a patent agent. The PCT application provides an international research report and enables the application to be published internationally.

Applying to National or Regional Patent Offices:Following the PCT application, you will need to apply to the relevant national or regional patent offices to obtain patent protection in specific countries or regions. Each country or region has its own patent application procedures, fees, and requirements.

Patent Attorney or Lawyer Cooperation: When applying for a patent abroad, it is important to work with a local patent attorney or lawyer. Local expertise and knowledge ensures proper preparation and execution of the application.

Fee Payments:Every country has certain fees for patent applications. These fees vary depending on the country or region where the application is made. Fees cover the application review and approval process.

Examination and Approval Process:The application process includes examinations by the patent office of the relevant country or region. As a result of the examination, it is determined whether the patent application will be accepted or not.

Before applying for a patent abroad, it is important to research which countries or regions you seek protection in and the patent application procedures and requirements of those countries or regions. Additionally, it may be useful to learn more about international patent systems and PCT. Patent applications can be a complex process, so it is recommended that you seek help from an expert patent attorney or lawyer.
What can it do to protect and commercialize the invention?
A person who has an invention can follow the following sequential steps to protect and commercialize his invention:

Research and Evaluation: Carefully evaluate your invention and determine its uniqueness, novelty and industrial applicability. Check the existence of similar inventions by searching patent databases and literature in relevant fields.
Protecting Privacy: Keep your invention confidential and protect it before disclosing it to others, using a non-disclosure agreement (NDA) when necessary.

Patent or Utility Model Application: To register your invention as a patent or utility model, contact your local patent office. The application process can be complex, so seek help from a patent attorney or attorney.

Patent Examination: The patent office examines your application and evaluates uniqueness and novelty. This process may take several years.

Issuing a Patent or Utility Model: If your application is accepted, you will receive a patent or utility model certificate. This protects your invention for a certain period of time (for example, 20 years).

Internal Operations and Commercialization: Perform the internal processes (e.g., prototype development, production planning) required to develop your invention into a commercial product or service. Approach potential customers and business partners to license or sell your invention.

Market Research: Research the market potential of your invention and your target audience. Examine the competition and evaluate similar products or technologies.

Commercial Cooperation: Contact relevant people to collaborate or meet with investors if necessary.

Commercialization and Marketing: Commercialize your invention and promote it in the market. Develop marketing strategies and promote your product or technology to your target audience.

Protection of Rights: Pay any necessary renewal fees and keep your patent or utility model current during the protection period of your invention.

In cases of violation, take legal action when necessary to defend your legal rights. For inventors, these steps are the basic paths to follow to commercialize and protect their inventions. But every invention is different, so it's important to create a detailed strategy based on your specific situation. Getting professional advice from a patent attorney or lawyer can make this process even easier.
Does a patent application protect my invention worldwide?
Unfortunately no, a Patent or Utility Model application is only valid for the country or region in which it was filed. However, if you want protection abroad, you can apply for an international patent within a maximum of 12 months from the application date in Turkey. During this process, you will need to choose an international patent system that suits you (such as PCT or EPC).
If I develop a patented product, will I get a patent on it again?
Yes, it is possible. It is possible to make a second invention on a patented product and obtain a separate patent for this second invention. However, both patent holders cannot use each other's inventions without permission during the protection period.
What is a Patent?
A patent is a legal document that grants the owner of a new and original invention the exclusive right to use and produce this invention for a certain period of time. A patent holder can produce, sell and use his invention without the permission of others. The main purpose of the patent is to promote and protect new and useful inventions.
Patents are often used to protect industrially applicable inventions. An invention can be a new and innovative change in the structure of products or a new method of a process. Patents prevent unauthorized use or copying of an invention and thus provide a commercial advantage to the inventor.
Patents are valid for a certain period of time, which may vary depending on the country and type of invention. After patent protection expires, the invention becomes public domain and can be used freely by anyone. The patent owner can license or sell his invention during the protection period, creating commercial opportunities.
Patents are usually obtained by applying through a patent office or patent agency. The application process can be complex and involves an examination of whether the patent will be granted. The applicant may need to prove the uniqueness and innovativeness of his invention.
Patents are part of the category of intellectual property rights, and many countries have patent laws and rules. Therefore, it is important to follow the rules of local patent offices to decide in which countries to patent an invention and to apply.
What are the requirements for obtaining a patent?
In order for an invention to be patented, it generally must meet the following basic criteria:
Novelty:The invention must not have been disclosed or published in a similar way anywhere (at the country or international level) before the application date.
Creativity (Non-Obviousness): The invention must not be clearly explained or explainable to an expert in that field. That is, the invention must be sufficiently creative and original according to existing knowledge and technology.
Industrial Applicability (Utility): The invention must have a concrete and commercial function or area of use. That is, it should represent a practical application rather than a theoretical idea or abstract concept.
Disclosure: The patent application must contain a document in which the invention is adequately and clearly described and described. The application must provide necessary details so that an expert can understand and apply the invention.
Enablement:The patent application must contain sufficient information on how to implement the invention so that a person can put it into practice.
Non-Invalidity: The invention must comply with applicable patent laws and not be invalidated based on prior patents or publications.
Industrial Applicability: The invention must represent something that can be used in industry or commerce. That is, it should not be abstract or theoretical.
These criteria are similar in many countries' patent laws, but each country has its own unique patent procedures and requirements. Before applying for a patent, it is important to review the specific criteria and processes established by the relevant local patent office. Additionally, getting professional advice from a patent attorney or lawyer can make the application process easier.
What can I do if they usurp my patent right?
If you encounter a usurpation or violation of your patent right, you can take the following steps:

First Steps: When you detect extortion or infringement, document the situation and record any communications in writing. This provides evidence you can use moving forward.
Expert Consultancy: Contact an intellectual property lawyer or patent attorney. These experts can guide you to evaluate your situation and what legal steps you need to take.
Legal Proceedings: Depending on the severity of the extortion or infringement, take legal action. This may be necessary to terminate infringement and protect your patent rights. Legal actions may include options such as sending a warning, filing a lawsuit or mediation.
Filing a Lawsuit: If the extortion or infringement is serious and the parties cannot reach an agreement, you can file a lawsuit in court. The legal process can be complex, so the help of a lawyer may be required.
License Agreement or Compromise: In some cases, an agreement to resolve extortion or infringement may be reached through licensing agreements or settlement negotiations. This can avoid a long and costly litigation process between the parties.
International Protection: If your patent has been infringed internationally, get information about relevant foreign patent offices and legal remedies.
Remember that if your patent rights are usurped or infringed, the legal process can be complex and every situation is different. Therefore, it is important to seek professional help from an intellectual property expert or attorney. Additionally, it is very important to comply with relevant local patent laws and procedures to protect your patent right.
When does the protection of the invention start?
Invention protection begins with the filing of a patent application. Applying for a patent means you are making a formal request to protect your invention. When a patent application is accepted, protection usually starts from the application date.
When a patent application is accepted, legal protection of your invention is provided and gives the applicant special rights for a certain period of time. These rights give the applicant the authority to manufacture, sell or license their invention to others. The date the application is accepted is the beginning of the valid protection period from the date the invention can be disclosed to the public.
The duration of protection may vary depending on the type of patent and country, but generally patents provide protection for 20 years. During this process, the applicant can prevent others from using or trading his invention without permission.
Remember that protection is not provided until the patent application is accepted. The applicant begins to protect the invention from the moment it prepares the application, but during this period the invention should not be disclosed to the public as this could violate the novelty requirement. Therefore, it is important to start the application process to protect your invention.
Can a patented product be repaired?
Yes, a patented product can be repaired. A patent provides protection for using and manufacturing an invention, but it does not prevent repairing or maintaining the product. Repair or maintenance can be carried out without the permission of the patent owner.
However, in some cases, repair of a patented product may be subject to the patent holder's provisions. For example, the patent owner may require that the repair of the product be guaranteed or be done only by authorized service centres. Such special conditions may be specified in the product's user manual or warranty certificate.
Additionally, repairing a patented product without changing its original functionality or design generally does not violate the patent right. However, if a modified or improved version of the product is to be produced, this new version must not infringe the patent right.
As a result, a patented product can be repaired, but this should not infringe the patent right and any special conditions or requirements should be taken into account.
I have an invention. What happens if there is no Patent/Utility Model application?
If you have an invention and do not apply for a patent or utility model, you may encounter the following possible consequences:
Infringement Risk:If you do not protect your invention, others may have the right to use or trade in it. If someone else patents a similar invention, then you cannot use or trade that invention.
Competitive Pressure: Not applying for a patent or utility model gives your competitors the opportunity to develop and market the same or similar invention. This may cause you to lose your competitive advantage.
Innovation Barrier:Inventions often stimulate progress and contribute to the development of new ideas. By not protecting your inventions, you may lose that incentive and others may not be willing to develop similar concepts.
Loss of Commercial Value: Inventions can create commercial opportunities and become valuable assets in the future. If you do not protect them, you may lose this potential value.
Licensing and Loss of Revenue: A patent or utility model provides the opportunity to license or allow others to license your invention. If you do not take it under protection, you may be deprived of such sources of income.
As a result, protecting your invention without applying for a patent or utility model can increase the commercial and legal value of your invention in the long run. Although the application process requires a certain amount of time and cost, it is important to protect your invention and evaluate future opportunities. Therefore, if you have a potentially valuable invention, you should consider contacting an intellectual property expert or patent attorney.

MOST QUESTIONS ABOUT DESIGN REGISTRATION

Design Registration

What is design?
Design is a concept that expresses the aesthetic appearance, shape, pattern or external appearance of a product or object. Design includes the elements that shape a product's visual appeal, aesthetics, and user experience. The design of a product can increase both functionality and aesthetic value.
Design often includes elements such as the shape, colors, patterns and texture of a product's exterior. A good design can help make a product more attractive and useful, causing consumers to show more interest in the product.
Design is not just limited to objects but is also important in different fields such as graphic design, fashion design, interior design and more. Design in these areas, each with different aesthetic and functionality requirements, can affect the success of products or projects.
The design may also be subject to intellectual property rights. Industrial design in particular may be protected by design patents or copyrights. Such protections give the design owner the right to prevent others from using their design without permission.
What are the issues to be taken into consideration in design protection applications?
Important issues to consider in design protection applications may be:
Innovation: The applied design must not have been publicly disclosed or registered anywhere before. The design must be new and original.
Distinctiveness:The design must be distinctive from other similar designs. That is, the design must have a unique character or distinctive feature.
Artistic Value:The design must have artistic or aesthetic value. In other words, it is important that the design is aesthetically attractive and original.
Functionality:Design can also affect the functionality or usability of the product, but the design must primarily have a visual feature.
Contrary to Public Order: The design must not be contrary to public order or general morality. It must not depict dangerous or illegal products.
Registration and Application Process:A design application must be made and appropriate fees must be paid. The application process and requirements may vary by country and region.
Design protection applicants must evaluate whether the design meets these criteria. It may also be useful to get help from design offices or intellectual property experts during the application process. When a design protection application is accepted, it gives the design owner exclusive rights to that design for a certain period of time, which prevents the design from being used or reproduced without permission.
What rights does registration of the design provide?
Registration of the design provides the following rights:
Preventing Unauthorized Use: The owner of the design has the right to prevent unauthorized use and reproduction of the design. Others cannot use the design without permission or market it with similar designs.
Right to Take Precautionary Measures:The designer may request that the court take precautionary measures in case his design is used without permission. This ensures protection of the design and enables rapid intervention.
Increasing Commercial Value: A registered design can increase the commercial value of the product. Considering that consumers tend to show more interest in products with an attractive design, the market value of this design may increase.
Licensing and Transfer Right: The design owner can license or transfer the design rights to another person. This allows commercial exploitation of rights to use the design.
Legal Protection:In case of unauthorized use of a registered design, the design owner may request legal protection and take legal action.
International Protection:Design registration can provide international protection within the framework of international patent treaties and agreements.
Registration of the design provides these rights to the design owner and protects the design from unauthorized use by others. However, these rights are valid for a certain period of time from the date of registration of the design, and this period may vary by country and region.
What steps can be taken if your design is being copied?
In case your design is copied, the steps to be taken may be as follows:

Examine Your Legal Rights:Check whether your design is registered. If you have a registered design, it is important to know your legal rights.
Collect Evidence: Gather evidence to support your claims of copying or counterfeiting. Especially keep documentation of the dates your design was registered and used.
Get Legal Advice:Contact an intellectual property lawyer or expert. These experts can guide you on what legal steps to take in case of cheating.
Send a Warning: In case of copying or imitation, an official warning can be sent to inform the other party. The notice specifies the legal steps in advance and can help resolve the dispute without going to court.
Take Legal Action: If the copying or imitation situation cannot be resolved, consider the option of taking legal action. This allows you to defend the rights to your design in court.
Claim Compensation and Damages:Calculate the damages and losses incurred as a result of being copied and demand compensation from the other party.
Protect Your Brand and Design: Take further steps to protect your design and brand to prevent future copying. This may include measures such as registering unregistered designs or increasing trademark protection.

Every situation is different and legal processes may vary depending on country and local laws. That's why it's important to work with an intellectual property expert or lawyer.
Which institution registers designs in Turkey?
Turkish Patent and Trademark Office (TÜRKPATENT) is the authorized institution in this regard by law.
What should be done before design registration?
The applied design or product must first be innovative and distinctive. For this reason, it is important to ensure the innovation and distinctiveness criteria of the design being worked on from the very beginning. Otherwise, detection of the application in the preliminary examination by the Institution may prevent the registration process. Moreover, even if such a design is registered, it may not provide the expected legal and economic benefits of the design and its impact may remain limited, as it cannot be distinguished from similar products. Therefore, it is important to develop original and qualified designs.
Which designs cannot be protected?
Designs that cannot be protected within the scope of design may be:
Technical Functionality: Situations where a design is created solely to perform a technical function are excluded from design protection. That is, if the main purpose of the design is not aesthetic or decorative, protection is not provided.
Public Information:If a design has been published or displayed in a place that is considered public information by others, it may not be possible to apply for design protection.
Functionality: Situations where a design is created solely for the purpose of improving functionality or usability are excluded from design protection. These designs are mostly under patent protection.
Designs Contrary to Public Order or General Morality: Designs that are contrary to public order or public morality are not protected.
Geographical Indications and Flags:Public signs such as geographical indications, national flags or international flags cannot be protected by design.
Abstract and Emotional Concepts:If designs represent abstract or emotional concepts or contain religious or cultural symbols, protection may not be granted.
Before applying for design protection, it is important to have an idea about the protectability of the design. Therefore, it may be helpful to seek advice from an intellectual property expert or design office.
What are the defining features in designs?
Descriptive features in designs are those in which a design is usually directly associated with the functionality or physical characteristics of that product or object and therefore are not distinctive. Descriptive features can refer to common features of the design that fit the general design language or industry standards. For example:
Functionality:The way a design fulfills its basic function or the intended use of the design can be descriptive. Like a chair with a back and four legs.
Standard Shapes and Dimensions: Standard shapes and sizes used in a particular product category can be descriptive. For example, whether a table surface is rectangular or round.
Industrial Norms: Design features commonly used in a particular industry or sector may be descriptive.
Material Selection:The type of material used to make a particular product can define the design. For example, a glass table may be the defining feature of the glass material.
Functionality:The features of a design that fulfill its basic function can cause the design to be descriptive. For example, the tip of a drill or the armrests of a chair.
Descriptive features mean that the design is not distinctive and are generally not taken into account when applying for design protection. In order for the design to provide protection, it is important that it is distinctive, unique and distinct.
What are the criteria to consider when researching designs?
Criteria to consider when researching designs may include:
Innovation:The design must not have been preserved with similar shapes, patterns or ornaments before. So, it is important that the design is innovative.
Distinctiveness: The design must have the ability to distinguish a particular product or object from others. Distinctiveness means that the design is original and unique.
Artistic and Aesthetic Value:The artistic or aesthetic value of the design is also taken into account. A beautiful, aesthetic and artistic design can increase the chances of protection.
General Design Language: It is important that the design complies with industry standards or general design language. This may mean that the design contains the usual design features.
Functionality: The design must fulfill its basic function. Functionality refers to a practical use of design.
Commercial Viability:The commercial viability of the design may help the application for protection be accepted. It is important that the design can be used in production and marketed.
Compliance with Public Order and General Morality:The design must not be contrary to public order or general morality. Contrary designs cannot provide protection.
Innovation:Incorporating creative innovation in the design can increase the chance of protection.
Before submitting a design application, it is important to evaluate how the design meets these criteria. Additionally, the design must be able to maintain these criteria throughout the protection period. When the design's protection period expires, the design must still meet these criteria.
Can we get design monitoring service abroad?
Yes, it is possible to get design monitoring service abroad. Many international law firms or intellectual property consulting companies offer design monitoring services abroad. These services ensure that your design is tracked and protected in the international market. If you are considering getting design monitoring services abroad, you can contact Momentofis and get guidance on which countries you should monitor. This is important to ensure your design is protected and tracked internationally.
What are the benefits of collective design registration?
The advantages of collective design registration systems may be:
Cost Savings:Collective design registration allows you to protect multiple designs within the same application process. This may be more economical than applying separately for each design.
Time Saving:Bulk applications enable designs to be protected quickly. This can help your designs get to market faster.
Easy Management: Bulk submissions allow you to manage your design portfolio more easily. Since all your designs are collected under the same application, tracking and updating becomes simpler.
Broad Scope: Collective design registration allows you to protect designs of different products or categories under the same application. This allows you to expand your design diversity.
Brand and Competitive Advantage:Mass design registration can help you differentiate your designs from your competitors and strengthen your brand identity.
International Use:Collective applications can facilitate entry into international markets because they offer the opportunity to provide protection in different countries.
Bulk design registration systems offer various advantages to design owners and help them manage their design portfolios effectively. However, before using these systems, it is important to understand what legal regulations and application processes you are subject to. Getting guidance from a professional intellectual property advisor can make this process smoother.
What are the criteria for design registration?
General criteria for design registration may be:
Innovation: The design must not have previously been protected by a similar design. It is important that the design is innovative.
Distinctiveness:The design must have the ability to distinguish a particular product or object from others. Distinctiveness means that the design is original and unique.
Artistic Value: It is important that the design has some degree of artistic value. This includes making sure the design is aesthetically appealing or creative.
Commercial Viability:It is important that the design is commercially viable. The design must be usable in production and marketable.
Compliance with Public Order and General Morality:The design must not be contrary to public order or general morality. Contrary designs cannot provide protection.
Functional Features: The design must fulfill its basic function. Functional designs express the usability of the design.
Infringement of Trademarks and Patents: The design must not infringe another person's trademark or patent. This includes ensuring that the design does not contravene existing intellectual property rights.
Before applying for design registration, it is important to evaluate how your design meets these criteria. Registration of a suitable design will provide protection to the design owner and prevent unauthorized copying.