Intellectual property · Legal information

Is It Registration of an Industrial Design?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Registration of an industrial design is an application that protects the appearance of a product, made up of its lines, shape, and ornament. It does not stand in for a trademark. Protection of a registered design is five years from the filing date. Protection is renewed in periods of five years, and it does not exceed twenty-five years in total. If no renewal is made, the term does not of itself rise to that ceiling. No outcome is stated while the images are still outstanding.

A patent is not the name of this application either. An appearance that is dictated by a technical function may be weak. Distinctiveness and novelty are read from the image on the registration document. A new number of years is not added to this record.

What the appearance protects

What is protected is the outward appearance of the product. Colour, texture, line, and ornament are discussed as parts of that appearance. A technical solution inside the product is not shortened into the subject of a design application. A contract does not of itself have the appearance written on the register. The application carries the images and the name of the product. An invoice is not a registration document.

The five years run from the filing date. A renewal carries the term of the same image for one further period, and it does not give birth to a new design. Twenty-five years does not mean that every file of itself lives that long. The slice that remains is read from a register extract. The petition does not treat the ceiling as filled while there is no renewal document.

The images build the application

The images should show the product without leaving room for confusion. A missing angle does not mean that the side which is not protected is protected as well. More than one design can be carried in the same file. That file does not of itself spread the five years of one image onto another. Each image is read with its own application record.

The international route is a separate application. This text does not rewrite that route. The register shows the record of which country is being discussed. The circle of protection is not announced when there is no document. A decision is not reached while the image and the register extract do not stand side by side.

Novelty and individual character

Novelty sits under novelty in a design, and individual character sits under individual character. The two are read apart as conditions of registration. No outcome is stated before the image is compared with earlier appearances. The comparison does not of itself change the five years or the twenty-five years. The term does not stand in for the condition.

If the condition is not met, protection is not discussed. Meeting the condition does not make every similar product an infringement. The petition does not dissolve the two questions in the same sentence. The application papers show which image is being tested.

Infringement is a separate door

Whether the use is an infringement sits under design infringement. Protection being in force does not make every use an infringement. The detail of the term sits under term of protection. This record explains how the registration is built, and it does not rewrite the effect of those two headings. The overlap on packaging sits under packaging design.

A trademark application is not put in place of the design image. A contract does not extend the five years on the register. An invoice is not a renewal petition either. The ceiling of twenty-five years is not filled backwards with a period that was missed.

A renewal petition carries the term of the same image, and it does not give birth to a new product in order to produce a new five years. The filing date is not erased and written again. The slice that remains is not announced while the register extract is still outstanding. The petition does not treat a fee that was paid as a decision to renew. If there is no document, the five years are not treated as having of themselves risen to twenty-five.

If one angle of the image is missing, the missing side is not treated as protected. The application describes the angles that stand, and it does not add an angle that is not there. A contract does not stand in for the image on the register. An invoice does not extend the year of protection either. A decision is not reached while the registration document and the register extract do not stand side by side.

Where the year of protection is read from

Registration of an industrial design is built from the images and the application record, and the year of protection is read from that record. A lawyer in Ankara separates, from the document, the fact that the office being in Çankaya does not choose the register. No year is written outside the five years and the ceiling of twenty-five years. In the petition, a trademark does not stand in for this registration.

Conclusion

Registration of an industrial design protects the appearance. Protection is five years, it is renewed in periods of five years, and it does not pass twenty-five. A trademark and a patent do not stand in for this document. The frame sits on the intellectual property page. The basis is Law No. 6769, the Industrial Property Code.

Legislation

Frequently asked questions

Are registration and infringement the same record?

No. Registration is writing the appearance on the register. Infringement is testing the use while protection is in force. The two are not the same petition.

How many years does protection last?

Protection of a registered design is five years from the filing date. It is renewed in periods of five years, and it does not exceed twenty-five years in total. If there is no renewal, the term does not extend of itself.

Does a trademark application stand in for the design?

It does not. A trademark protects a distinctive sign. A design protects the appearance of a product. The two applications are two documents.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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