Design Opposition in Turkey: Grounds, Deadlines & Response Strategy
- Feb 3
- 4 min read
Updated: Mar 11
In Türkiye, the design registration process is more than just a formal filing; it is a dynamic procedure where third parties can actively exercise their opposition rights. Similar to trademark law in Türkiye, the Bulletin publication stage is the most critical phase, determining the ultimate fate of a design application.
The Turkish Patent and Trademark Office (“TURKPATENT”) examines design applications for formal requirements and global novelty. Designs that pass this examination are recorded in the register and published in the Official Design Bulletin. Within three months of the publication date, third parties may file an opposition against the design registration by paying the required fee.
During this stage, there are two scenarios:
Filing an Opposition: Preventing a competitor's design from being registered if it lacks novelty, individual character, or violates your client's/your rights.
Submitting a Response: Defending your client's/your design application against a third-party opposition to secure the registration certificate.
In this article, we detail these procedures in light of the Industrial Property Code No. 6769 (“Code 6769”).
On What Grounds Can a Design Registration be Opposed in Türkiye?
Oppositions must be based on specific legal grounds stipulated in Art. 67/2 of Code 6769. The primary reasons to block a registration in Türkiye are:
1. Compliance with the Definition of a Design (Art. 55)
A design must be the appearance of the whole or a part of a product resulting from features such as lines, contours, colors, shapes, materials, or surface textures. The visual must qualify as a "product," which includes industrial items, packaging, or graphic symbols, but specifically excludes computer programs. Oppositions often argue whether the subject matter qualifies for protection under this definition.
2. Novelty and Individual Character Requirements (Art. 56)
These are the most common grounds for opposition in Türkiye:
Novelty: A design is considered new if an identical design has not been presented to the public anywhere in the world before the application or priority date. Designs differing only in immaterial details are considered identical. Evidence such as prior catalogues, website archives (e.g., Wayback Machine), or social media posts is typically submitted to prove a design is not "new."
Individual Character: The design must leave a different overall impression on the informed user compared to any design previously presented to the public.
The Designer’s Degree of Freedom: When assessing individual character, the degree of freedom of the designer in developing the design must be considered. In Türkiye, if the design options are limited by technical functions or legal standards (e.g., car rims or standard plastic bottles), even small differences may be sufficient for individual character. In areas with high creative freedom (e.g., fashion or furniture), more significant differences are required.
3. Public Order and Technical Function Exceptions (Art. 58 & 64)
Designs contrary to public policy or morality are excluded from protection.
Visual features dictated solely by a technical function cannot be registered.
"Must-fit" features—those required for the product to be mechanically connected to or placed in another product (e.g., specific spare parts)—are also out of the scope of protection.
Inappropriate use of sovereignty signs (flags, coats of arms) or signs of religious, historical, and cultural value are prohibited.
4. Bad Faith and Unauthorized Use
Code 6769 allows oppositions based on the bad faith of the applicant or the unauthorized use of an existing intellectual property right (such as a trademark or copyright). The focus here is on the applicant's intent, for example, if a commercial agent files a client’s design in their own name without permission.
Process Overview and the Board Decision
The opposition process in Türkiye follows a specific administrative path:
Opposition Period (3 Months): You have exactly three months from the publication date to file a written opposition and pay the fee.
Board Review: Oppositions are examined by the Re-examination and Evaluation Board (“Board”) The Board's decision is the final administrative decision of TURKPATENT. If the opposition is refused by the Board, TURKPATENT issues the registration certificate and notifies to the applicant.
Invalidation: If the opposition is accepted, the design registration is deemed invalid.
Court Appeal: Parties adversely affected by the Board's final decision may file a lawsuit for the annulment of the Board decision before the Ankara Intellectual and Industrial Property Civil Courts within two months of notification.
What to Do If Your Design is Opposed? (The Response Process)
Receiving an opposition does not mean the registration is automatically rejected. The burden of proof lies with the party filing the opposition.
Right to Defend: TURKPATENT notifies the applicant of the opposition. The applicant has one month from the notification date to submit response (defense).
Response Strategy: A strong response must prove why the design meets the novelty and individual character requirements. It should emphasize the designer's degree of freedom and challenge the validity of the opponent's evidence. Failing to provide a sound legal defense can lead to the rejection of even a truly original design.
Conclusion: Secure Your Designs
The design registration process in Türkiye is a dynamic journey that requires strategic management of oppositions and Responses during the Bulletin stage. Missing a deadline or failing to provide a solid legal argument can lead to significant commercial loss and leave your client's products vulnerable to imitation.
As Goklu Law & IP Firm, we specialize in managing the technical complexities of Code 6769 and representing foreign IP firms and their clients before TURKPATENT and the Turkish courts. We provide professional assistance in both filing strategic oppositions and defending registrations through robust Responses.
For further information or to secure your designs in Türkiye, please contact us at info@goklulaw.com.
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