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