Design Application

Design is the appearance of the whole or a part of the product or the appearance of the ornament on it resulting from its features such as line, shape, form, color, material, or surface texture.

Product refers to an industrially or hand-made object, excluding computer programs, as well as a joint product or its constituent parts, objects such as packaging, combined presentations of multiple objects, graphic symbols, and typographic characters.

A joint product is a product consisting of parts that can be changed or replaced by disassembly.

Design is protected as registered design if it is registered under the provisions of Law No. 6769; it is protected as nonregistered design if it is presented to the public for the first time in Turkey.

We can briefly define design as the outer appearance of a product.

Cumulative protection is possible. In other words, a product can be protected both as a patent and as a design. We are able to provide you services in approaching from a multidisciplinary perspective, preparing the application documents required by different systems, and coordinating the processes.

For the design to be protected, it must pass two tests:

• NOVELTY TEST
• DISTINCTIVENESS TEST
  
  

Novelty Test: As determined in Law No. 6769, for a design to be new, it must not have been presented in the world before. This is called a “worldwide novelty”. This absolute novelty covers all times and geography.

The priority date, on the other hand, is based on the date of the first application of an internationally registered design in the country where it was previously registered.

For nonregistered protection, it is required to present it to the public. Using without registration can also be an advantageous strategy in some sectors. The nonregistered design provides only three years of protection.

Only visible designs are protected by design law.

Distinctiveness Test: It has also been determined in Intellectual Property Law No. 6769. Whether the products are different or not is determined by the evaluation made in terms of the informed user. The four criteria for this evaluation are as follows:

• Benchmarking in terms of the informed user
• Benchmarking in terms of the overall impression
• Benchmarking in terms of objective criteria, which is the degree of freedom of choice
• Benchmarking in terms of freedom of choice, which is essential for the designer
  
  

Design Certification: If no objection is made to the design registration within the three-month legal objection period, or if the Board decision taken as a result of the objections is “continuation of the registration” or “partial continuation”, the design registration certificate is prepared and sent to the applicant or his attorney. We serve as YETKİN PATENT in the monitoring of the certification stage.