What is Design?
Design is the appearance of the product as a whole or a part of it or the ornamentation on it, such as line, shape, form, color, material or surface texture.
What is design registration?
Design registration is a service that ensures that original and completely new designs are also legally secured. Securing industrial designs belonging to a business is also important in terms of the business’s profit. In addition, the protection of the rights of the people who design and construct the design will be possible with a registration application.
Design registration is a document issued as a result of applications received by the Turkish Patent and Trademark Office. With the issuance of this document, it is guaranteed that the design is registered. Thus, the unauthorized use of the relevant design by different people is completely prevented. If a registered design is used by third parties, legal processes can be initiated against those people.
A design registration certificate is a document that protects not only the design made but also the rights of the designer. In this way, the unauthorized use of the relevant design by different people is prevented. Moreover, the profit from the design worked on will also be secured as a result of the registration process.
How is Design Registration Done?
In the registration steps taken for a certain design, first of all, research related to the relevant design must be done. It can be understood whether the relevant design is unique by using design registration query sources. However, if the design to be applied for registration is new and original, the application process is started. Otherwise, the registration application made for the design may be directly rejected.
Another important factor to be considered when moving to the application stage is the payment of design registration fees. In this context, it is expected that the persons or companies that will apply for registration for the design have paid the registration fee. The fee requested for the registration of a design is updated every year by the Turkish Patent and Trademark Office.
The application process is started as a result of the full payment of the fee requested during the registration process of the design. In this process, the bank receipt proving that the fee has been paid must be declared together with other necessary documents.
Things to Consider When Applying for Registration for a Design
When applying for registration for a design, some details must be carefully examined and examined. Here are the main situations that individuals or companies should pay attention to during the design registration application phase:
The most important point to consider during the design registration process is that the relevant design must be unique. The registration process of designs that are similar to or completely identical to a previously registered design will be problematic. In fact, if a similarity is detected in the examinations made for the design, the application may be rejected directly.
If the application for registration of the design is rejected, it is not possible to get back the registration fee that has been paid before.
The registration application for the design must be made to the Turkish Patent and Trademark Office. In this process, it is possible for either the design owner or the representative appointed by the design owner to apply.
ALTINDERE PATENT is a company that provides expert support in registration processes and shoulder the application burden. The lawyers, expert consultants and designers within the company are the people who will provide the necessary support for registration processes during this process.
It is important to submit photographs and visual materials of the relevant design as the design enters the registration process. In order for the necessary examinations to be carried out easily by the Turkish Patent and Trademark Office, the design must be explained in a comprehensive manner. Today, 3D technology can be used for this.
When applying for registration for a design, it is not necessary for that design to be produced. Submitting visual and written materials explaining the design in detail will be sufficient for the application process.
How Long is the Design Registration Period?
There is a protection period determined for design registration. Accordingly, a design can be protected for up to 5 years after it is registered. If 5 years are exceeded, a new application can be made and another 5 years of protection can be requested. In this way, it is possible to provide protection for up to 25 years in total.
If there is no renewal application after the registration period of a design expires, the protection on that design is removed. At the same time, registration protection is only valid within the borders of the country where the registration application is made. In the international arena, applications must be made to the relevant institutions in different countries for design protection.
What is the Importance of Design Registration?
Design registration is a legal practice that is important and beneficial in many ways. Accordingly, by ensuring that the relevant design is not used by everyone, it is also guaranteed that design owners will make a profit. Since it is also possible to offer registered designs for sale, it will be possible for design owners to make an income in this way.