Design registration protects the appearance (shape, color, texture) of the product. SMK art.55 et seq.
Registration Conditions
- Innovation
- Distinctive feature
Designs that cannot be registered
- Only technical function
- Contrary to general morality
- State emblems
Process
- To TPMK application
- Visual and description
- Form review
- Registration
- Announcement
Duration
- Registration 5 years
- 5 extensions of 5 years each → total 25 years
Design Infringement
- Precautionary precaution
- Compensation
- Destruction of products
- Criminal liability
Unregistered Design Protection
- "Fine work of art" within the scope of FSEK
- Europe: 3 years of unregistered protection
- Unregistered protection limited in Türkiye
Supreme Court 11. HD
11. HD looks for the difference of the "overall impression" in design registration, and accepts that small detail changes do not eliminate design infringement.
Design/trademark lawyer is recommended.