TASARIM

Design

The period from filing to registration is 12-15 months (unless a notice of refusal is issued or an opposition is filed there against). Priority term is 6 months from the priority date and priority document should be filed within 3 months from the Turkish filing date (non-extendible).

STAGES

Filing in order to establish a valid filing date for a trademark application, all requirements should be filed in time.

Official Examination by the Turkish Patent Institute
2-3 month
Note: This examination done for checking availability of filing requirements and entitlement No official search is carried out over identical or confusingly similar designs.)
Publication
The application shall be published for the opposition of third parties for 6 months
Opposition (if any)
Within the publication period, any interested party may file an opposition to the registration of a design (post-grant opposition).
Registration certificate

Novelty

A design shall be considered new if before the date of reference no identical design has been made available to the public in the world. Designs differing only in immaterial details shall be deemed to be identical. To make available to the public shall cover of all actions of sale, use, publication, publicity, exhibiting, or such similar activities.

Individual Character

A design shall be understood to have an individual character if the overall impression it creates on the informed user is significantly different from the overall impression created on the same user by any design referred to in the second paragraph of this Article.

In order for any other design to be compared for the purposes of determining the individual character of a design;
a) It should have been made public in Turkey or in the world before the application date.
b) It should have been published by the Institute as a registered design, and that the protection period has not expired at the application date of the design with which it shall be compared.

In the assessment of the individual character, the emphasis of evaluation shall be on the common features of the designs and the degree of freedom of the designer in developing the design shall also be taken into consideration