An Industrial Design is the ornamental aspect of a useful article. This ornamental aspect may be constituted by elements, which are three-dimensional (the shape of the article) or two-dimensional (lines, designs, patterns and colours) but must not be dictated solely or essentially by technical or functional considerations. It is the right to protect the ornamental, non-functional features of an Industrial Article or Product that arise from Design Activity.
A design is protected if it is new and if it does not consist of scandalous design or a design contrary to morality, public order or public interest. A design is new if it has not been made available to the public anywhere in the world before the date of application for registration.
First important step is to undertake a search of existing industrial designs. This will help you to determine whether your design is original and it will also let you see other registered design.
Marpatas always directs its clients reliably and accurately by conducting the design searching based on product and company in its own searching portal.
The duration of a registered design is five years from the filing date of the design application. A registered design can be protected for a maximum term of 25 years on the condition that the extension fees are paid for consecutive periods of 5 years. Marpataş always informs its customer time about all kind of information related to the process.
Natural or legal persons or related professional organizations may submit to the Institute within the opposition period of six months with the following particulars against the validity of a Registered Design.
First of all oppositions are examined procedural and then notified to applicant for counter view. Documents are re examined by the Re-examination and Evolution Board within the concept of evidences and written observations of the parties.
Watching process more important than other services on the industrial designs. Turkish Patent Institute publishes Industrial design application after examination procedurally. Therefore an application cannot be refused because of the similarity of any other design by Turkish Patent Institute. So, design application can be registered if the opposition period is missed. For this reason , the industrial design applications must be watched to avoid any loss in terms of time and cost.
Marpataş presents monthly reports to their clients with respect to the Utility Models.
Recordal of Changes
The protection of industrial designs and to avoid infringement and misuse of it, all the changes such as merger, a change on the name or type of proprietor, the whole or partial transfer, an inheritance, cancellation or restriction of a industrial design must be recorded in Turkish Patent Institute.