Absence may make bad faith applicants grow bolder


Isik Ozdogan and Ezgi Baklaci

According to Turkey’s design law, a design application that meets all formal requirements becomes effective from the date of the application.

In other words, a design application enjoys protection from the date it is applied for.

Unlike trademark applications, the Turkish Patent Institute (TPI) does not examine a design application on absolute grounds for refusal; it only examines for the correct application format and whether it complies with public policy and morality policies. TPI is not responsible for evaluating a design’s novelty or individual character. TPI only examines these issues if a third party files an opposition.

For this reason, designs that are not new or have no individual character can easily obtain registration if no opposition is filed by a third party. Moreover, in opposition cases, the novelty and individual character of a design are evaluated within the scope of documents and allegations filed by a third party. Objective criteria are not really considered during the novelty and individuality evaluations, so it cannot be claimed that every design registration is new and has individual character.

Bad faith, design application, TPI, character, trademark application