What Is Industrial Design Registration and How Is It Done?

What is an industrial design?

An industrial design refers to the outward appearance of a product or part of a product. The lines, contours, colors, shape, texture, materials and ornamentation that make up this appearance are the elements of the design. The silhouette of a chair, the shape of a bottle, the body of a lamp and the pattern of a shoe sole can each be a design.

Under Industrial Property Law No. 6769, design registration protects this appearance against others manufacturing, selling or importing it without permission. An important distinction: design registration protects how a product looks, not how it works. For technical function, a patent or utility model comes into play.

What conditions apply for a design to be registered?

A design that is filed must meet two basic criteria:

• Novelty: An identical design, or one that differs only in immaterial details, must not have been made available to the public before the filing date.
• Individual character: The overall impression the design produces on the informed user must differ from the impression produced by previously known designs.

In addition, circumstances such as the product having this shape solely because of a technical necessity, or the design being contrary to public order or public morality, can stand in the way of registration. Searching for similar designs before filing is useful for seeing these risks.

What is protected by design registration?

What is protected is the visual features of the product as shown in the application. The following examples are common in practice:

• Forms of furniture, lighting and household items
• Packaging, bottle, jar and container designs
• Accessories such as jewelry, watches and eyeglass frames
• Clothing, footwear and textile patterns
• The outer form of toys, hand tools and small household appliances
• Certain special cases such as graphic symbols and screen icons

Just one part of a product can also be protected as a design. For example, the handle, cover or button set of a device can be a separate design subject. Which part is protected and to what extent depends on the images submitted in the application.

How long does design protection last?

Industrial design registration is protected for 5 years. This period can be extended in 5-year periods, and the total protection period can reach a maximum of 25 years. If renewal steps are not taken on time, the right may lapse; for this reason, tracking the deadlines is important.

How is a design registered?

1. Defining the design: It is clarified which product or part is to be protected and which visual features carry commercial value.
2. Preliminary search: A search is made to see whether similar designs have previously been registered, or whether they are on the market as a publication or a product.
3. Preparing the images: Clear photographs or drawings with a plain background, showing all the important features of the design, are prepared. Views from different angles make it easier to understand the feature to be protected.
4. Stating the product information and class: The name of the product to which the design will be applied and the product class it belongs to are included in the application.
5. Filing the application: The file is submitted to the Turkish Patent and Trademark Office (TÜRKPATENT) and the required fees are paid. Where appropriate, more than one design in the same product class can be combined in a single application.
6. Examination and publication: The Office examines formal deficiencies and obstacles to registration. An application found acceptable is published, and the opportunity to file an opposition arises.
7. Registration: If the process ends favorably, the design is registered and a certificate is issued.

For design applications, the examination time and outcome vary depending on the nature of the application. For applications that are complete and unopposed, the process can generally take around a few months; it may take longer if there is an opposition or something missing.

Is it a problem to share the design before filing?

Yes, it can be risky. If the design is published in a catalog, at a trade fair, on a website or on social media before filing, the novelty condition may be jeopardized. Although the legislation contains limited exceptions concerning the designer's own disclosure, instead of relying on them, the safest route is to file the application before making the design public. If you are considering protection abroad, also remember that under the Paris Convention the priority period for designs is 6 months.

Who benefits most from design registration?

If a product's appearance influences the customer's purchasing decision, design registration becomes meaningful. It stands out especially for the following businesses:

• Manufacturers and workshops: Those who develop original forms but face the risk of imitation once they move to serial production.
• Sellers of branded products: Companies whose packaging or product form is part of their brand identity.
• Designers and studios: Those who want to clarify the ownership of rights in designs they develop on behalf of clients.
• E-commerce sellers: Those who build their own product line and want to set their visual identity apart from competitors.

When working with a designer, it is also necessary to specify in writing in the contract who will own the rights in the design. If the assignment of rights is not clear, a disagreement may arise later over who will file the application.

Checklist before filing

Running through the following checks before submitting the file helps the application proceed smoothly:

1. Has the design not yet been made public or put on sale?
2. Is the applicant the right person or company, and is the assignment of rights from the designer free of problems?
3. Are the images clear, with a plain background, and do they show all the important angles of the design?
4. Which is the main feature to be protected: the whole product, or only one part of it?
5. Has at least a basic search been done for similar designs?
6. If there is a plan to sell abroad, has the priority period been entered in the calendar?

Can a trademark, a patent and a design be used together?

Yes. A product can carry more than one intellectual property right at the same time. For example, on a new water bottle, it is possible to protect the name as a trademark, the cap mechanism as a patent or utility model, and the outer form of the bottle as a design. Which rights are really needed should be determined according to the product's features and commercial plan. For trademark protection, you can take a look at our article on what trademark registration is and how it is done.

Common mistakes in design applications

• Submitting inadequate images: Images that are unclear or that do not show the important sides of the design make the scope of protection uncertain.
• Expecting function to be protected: Design registration does not protect the working principle. If there is a technical innovation, it must be assessed separately.
• Launching before filing: This damages the novelty condition.
• Being late with seasonal designs: In fast-changing sectors, the application must be filed early, together with the production and sales plan.
• Missing renewal deadlines: If the end of the 5-year periods is not monitored, protection may be lost.

Note: Design registration provides a legal basis against imitators; however, it cannot be guaranteed that every application will result in registration. The final assessment depends on the examination by TÜRKPATENT.

Conclusion

For any product whose appearance carries commercial value, industrial design registration is a relatively simple and effective route to protection. Checking the novelty and individual character requirements from the start, filing the application before making the design public and keeping up with deadline tracking are the foundation of a successful registration. If you would like a free preliminary assessment for your product's design, you can fill out our quote form, and you can review our industrial design registration service.