Design; It refers to a whole or part of a product or a whole consisting of various elements or features perceived by human senses such as the ornament on it, line, shape, shape, color, texture, material or aesthetics.
An industrially or manually produced object, a compound system or the parts that make up it, sets, sets, packages, etc. objects, perceptible combinations of multiple objects or presentations together, graphic symbols and typographic characters constitute the design.
In simpler terms, Design is the ornament or aesthetic appearance of a product.
If you need to sample designs or products that may be subject to this;
- Pattern designs used in textile products,
- motifs and embroidery,
- Furniture made of wood, plastic, leather and similar materials (armchairs, coffee tables, bedroom sets, coat hangers,
- furniture used in the nursery,
- Kitchenware (plates, glasses, pots and the like) designed using glass, porcelain, steel and all kinds of materials,
- bathroom and kitchen accessories,
- boxes used in packaging,
- all kinds of stationery (pen, pencil holder, desk clock, paper holder, weight)
- gift items made using various materials,
- laundry, dishwashers,
- auto accessories,
- Playgroups used in parks and gardens for children,
- jewelery made using gold, silver and similar products.
The examples listed are not limited but can be increased.
What Types of Designs Can Be Protected?
In order for a design to be included in the scope of protection by being registered according to the provisions of the SMK numbered 6769, it must have the characteristics of innovation and distinctiveness.
New and distinctive designs are protected by issuing documents. If only one or some of the parts that make up a composite product have a new and distinctive feature, only these parts can benefit from protection.
In order for a design to be accepted as new, the same must not be presented to the public anywhere in the world before the date of application to the Turkish Patent and Trademark Office or if the priority right has been used based on an application made in another country, before the priority date, ie the application date to another country.
In addition, if a design for which protection is requested is presented to the public within twelve months before the application date, it has the qualification of innovation.
The concept of innovation only in Turkey is not to be understood in the sense of innovation in the world. The distinctiveness of the design means that there is a distinct difference between the overall impression created by the requested design on the informed user and the overall impression created by such a user by any other design that is claimed to be similar and compared.
New and non-distinctive designs and designs against public order and general morality are out of the scope of protection.
In addition, designs that do not leave any freedom of choice in terms of design features and elements in the realization of their technical function are also outside the scope of protection.