Design search before filing is very important in Turkey to determine the identical or confusingly similar designs that can be obstacles for registration.
Please contact with LİBRA PATENT for all your questions and instructions for trademark searches in Turkey.
The design is the appearance of all or part of the product or the ornament on it, due to its features such as line, shape, shape, color, material or surface texture, and new and original designs must be registered to be fully protected and converted into commercial value.
A design within the design registration system is protected only if it meets the requirements of novelty and distinctiveness.
Novelty; Biis that the same design has not been made available to the public in any part of the world before the application or priority date.
Distinctiveness; Bis the difference between the general impression that a design leaves on the informed user and the prior designs.
Design registration applications can be made for a single design, as well as applications for multiple designs.
With more than 17 years of experience, Libra Patent offers its clients boutique and fastest solutions from design research stage until the registration process is completed.
Turkey is a member of Paris Convention and priority rights can be used in Turkish design filings within 6 months from the first application date abroad.
At the time of the filing, it is adequate to mention the original date and number of the application and original priority documents can be filed later.
The protection period of registered designs is 5 years from the date of application. However, this period can be extended by five years to 25 years.
The renewal request must be made within six months prior to the end of the protection period. If no renewal is made within this period, it is possible to renew the price within six months. During this period, the design right for non-renewed designs ends at the end of the protection period. In multiple applications, partial renewal can be performed.
Your design renewal process can be completed very quickly by the Turkish Patent and Trademark Authority by LIBRA PATENT.
Before the design renewal process;
For all your renewal requests and for more detailed information, contact Libra Patent.
The design applications accepted after the examination by the Turkish Patent and Trademark Authority are published in the Official Design Bulletin for a period of 3 months and the other persons and organizations have the right to challenge the related designs within the publication period.
In order not to register designs that are very close to your designs and similar designs, similar designs should be followed and the advertisements of similar designs published should be challenged within a 3-month appeal period.
Libra Patent, similar design follow-up is carried out and also on behalf of clients in the design of possible objections to the possible chances of success in providing consultancy services free of charge by providing clients with the maximum support.
For more detailed information and instructions on similar design follow-up, please contact us.
There are two types of opposition procedures in Turkey including;
As mentioned in the Design Watch section; designs which are accepted by the Turkish Patent & Trademark Office are published in the Official Design Bulletins for 3 months for the opposition of third parties.
So, following up the publication of similar designs and filing oppositions against thereof are very important to avoid the registration of very similar d. On the contrary, these trademarks are registered and the cancellation of registered trademarks can designs can only be obtained by court actions which are very long and expensive procedures in Turkey. More importantly, during the long court action process, these confusingly similar designs can be continued to be used by the design registrants as it is very difficult to obtain preliminary injunctions from the court banning the usage for registered designs.
Please contact with us for more information and for your opposition instructions.
Oppositions can be filed against the refusal or partial refusal decisions of the Turkish Patent & Trademark Office within 2 months.
The oppositions against the decisions are examined by the Turkish Patent & Trademark Office Re-Examination and Evaluation Committee and these decisions are final decisions before the Office and it is only possible to file court actions against these decisions with the respective courts.
Bearing in mind that new 6769 numbered Industrial Property Law brought several new implementations; it is very important to evaluate the decisions of the Turkish Patent & Trademark Office very carefully and file oppositions against thereof.
LIBRA PATENT gives free consultation in the evaluation of the decisions of the Turkish Patent & Trademark Office to evaluate the chances of success and please contact with us for your questions and instructions about oppositions in Turkey.
Bearing in mind that designs continue their existence for long periods, it is natural that several changes may occur in the organization of the design owners. In order for these amendments can be binding on the third parties, they shall be recorded in the Turkish Patent & Trademark Office Registry.
So, LIBRA PATENT will be very pleased to handle all the following recordals for all the design applications and registrations;
Furthermore, we also will be very pleased to assist all the colleagues in order to obtain new registration certificates or certified copies of the documents, priority documents, design application extract etc. from the Turkish Patent & Trademark Office and please feel free to contact with us for all your requirements.
Registrations of the designs are very important for legal protection but are not adequate for effective protection.
In order to protect the patents in an effective manners, all the rights granted by the 6769 numbered Industrial Property Law and other legal implementations shall be enforced against the third parties violating the design rights and creating infringement and unfair competition.
On the contrary the loss of rights can be encountered because of being non-active in the prescribed periods and design’s commercial value and protection can be harmed because of the infringement of third parties and unfair competition.
For this reason in the conditions of violation of design rights, unfair competition and infringement, the situation shall be legally analyzed and recommended measures such as sending warning letters, custom recordals, determination via Notary of Public or Courts, starting legal actions with the Courts and other official bodies shall be started.
Please contact with LIBRA PATENT for legal consultancy and more information.