LEGAL ASSESSMENT

The right that protects the appearance of a product must be identified correctly

Design law deals with rights relating to the appearance of a whole product, a part of it or its ornamentation. For furniture, textile patterns, packaging, jewelry, lighting products and similar designs, registration, first disclosure, ownership of rights and the conditions of infringement are assessed together. The expression “design patent,” which is used in everyday language, must not lead to confusion between design registration and the patent that protects a technical invention.

If you believe your product has been copied, it is first determined which design is protected, by which right belonging to whom, and from what date. If you are facing an infringement allegation, the existing registration, earlier designs and your own development records are examined. For the first consultation, you can prepare images of the design, the registration number if there is one, the date of the first sale or promotion, and information on the opposing product.

SCOPE OF SERVICES

Protection of Design Rights and Disputes

Review the heading that fits your needs. The work to be undertaken is determined by assessing the documents and the circumstances of the file.

Review of protection and ownership of rights

The basis of registered or unregistered protection, the relationship between the designer and the rights holder, and earlier disclosures to the public are assessed. The scope within which the right can be asserted is clarified.

Registration and first-disclosure records
Matching the product, the design and the visual representation

Coordination of applications and oppositions

The legal preparation of the application, the ownership documents and the grounds for opposing a registration are examined. Proceedings before the Turkish Patent and Trademark Office (TÜRKPATENT, “the Office”) are coordinated, where necessary, with a registered trademark or patent attorney.

Visual representation and scope of the application
Appropriate route of recourse against Office decisions

Imitation products and infringement actions

The appearance and commercial use of the opposing product are compared with the scope of the design right. Claims for establishing, preventing and stopping the infringement and, where the conditions are met, damages are prepared.

Acts of production, sale and import
Proof appropriate to a registered or unregistered right

Invalidation of a design

Novelty, individual character, earlier rights and features that fall outside protection are assessed. Comparison documents are prepared for an invalidation action or for defending an existing registration.

Earlier catalogs and design records
Expert examination and reasoned objections

Defense against an infringement allegation

When a formal notice (ihtar), a platform notice or a lawsuit is received, the validity of the registration and the appearance of your product are examined. Independent development, prior use and other suitable defenses are identified.

Assessing the option of a negative declaratory action (menfi tespit)
Responding to an injunction order and to the allegations

Usurpation of a design (gasp) and ownership

Where a design is applied for or registered in another person’s name, the actual ownership of the right is investigated. The documents on the creation, sharing and assignment of the design are examined together.

Relationships among designer, employee and employer
Requests for recognition of ownership of the right

Designer and manufacturer agreements

In commissioned design, agency work and contract manufacturing, the scope of delivery, the authority of use and access to molds and drawings are regulated. The terms for surplus production and sales to third parties are clarified.

Design files and authority to modify
Confidentiality, delivery of samples and molds

License and assignment of designs

Arrangements on country, product group, term, limits of use, fee and sublicensing are prepared. The form required for the validity of an assignment and the registry procedures are checked together with the commercial agreement.

Exclusivity and authority to intervene in infringement
Inventory and use after the contract ends

Internet sales and evidence

Marketplace listings, seller information, product images and sales records are examined. The grounds for a platform application are assessed separately from the need for preservation of evidence and interim protection.

Listing records showing the date and address
Product sample and purchase documents

Designs with a foreign connection

Protection in Türkiye is separated from the rights in the countries where production and sales take place. An international design application and foreign disputes are coordinated with an authorized representative or local counsel.

Place of first disclosure and target markets
Foreign registration and authorization documents

BEFORE YOU DECIDE

Distinctions that determine the scope of a design right

The registration certificate, the date of first promotion and the appearance being compared should be examined together. In design protection, the differences below directly affect the lawsuit and application route.

Protection of registered and unregistered designs is different

A registered design is protected for five years from the application date; with renewals of five years each, protection can reach a total of 25 years. Unregistered protection depends on the first disclosure to the public in Türkiye of a design that meets the statutory conditions, and lasts three years from the first disclosure. For an unregistered right, the copying of an appearance that is identical, or so similar that it cannot be distinguished in terms of overall impression, is significant; a defense of independent development is assessed separately.

There is no fixed percentage for similarity

Novelty and individual character are different criteria. Small differences in detail do not always secure novelty. The overall impression is examined from the standpoint of the informed user who is familiar with the product, taking into account the designer’s freedom of choice. Changing a color, a logo or a few lines does not automatically mean that the product falls outside the scope of protection.

The date of promotion may affect the possibility of registration

A sale, trade fair, catalog or internet publication may constitute disclosure to the public. A disclosure made subject to confidentiality, however, is assessed differently under the law. Article 57(2) of Law No. 6769 on Industrial Property (SMK) provides that certain disclosures made within 12 months before the application date or, if there is one, the priority date do not affect novelty and individual character. Who made the disclosure, within what relationship and when must be determined; this exception does not amount to a general assurance for protection abroad.

Technical function and appearance must be separated

A design protects the appearance of a product. Features of appearance required solely by technical function may fall outside protection. For parts of a composite product, visibility during normal use and special exceptions are also important. The technical solution of the same product may be assessed under a patent or utility model, its appearance under a design and, if the conditions are met, its qualification as an original work under copyright provisions, each from a different angle.

Paying the fee does not by itself explain ownership

Employee designs and a commission given to an independent designer are not subject to the same regime. The employment relationship, the contract, the nature of the duty and the contribution of the business are examined. In contracts for the performance of work outside an employment relationship, ownership of the right is determined within the framework of the contract provisions. Delivery of a sample or drawing, payment of a fee and assignment of the design right must be kept separate from one another.

Registration does not remove the validity review

It may be asserted that a registered design does not meet the statutory conditions of novelty, individual character or other requirements. Although invalidation and infringement reviews are separate, they may operate together in the same dispute. The effect of a registration in Türkiye outside national borders is also assessed separately; for foreign protection, the relevant country or the scope of an international application must be examined.

OUR APPROACH

Our Approach in Design Files

As Güneş & Güneş Law Firm, we assess the process from the creation of the design to its placement on the market on the basis of the documents. We examine together the relationship between the registration images and the actual product, the rights of the designer and the business, earlier examples and the alleged infringement. Instead of drawing a conclusion from two photographs placed side by side, we determine on which protected features the comparison will be made.

We relate the catalogs, listings, contracts and sales records that have evidentiary value in the file to their dates, and we take care that the expert assessment can be examined. In choosing among a formal notice, a platform application, an injunction or a lawsuit, we consider together the grounds of the claim and the opposing party’s possible invalidation or independent-development defense. Broad or uncertain undertakings that could unnecessarily disrupt production and sales are assessed separately.

Appearance and dates
It is determined for which product and design support is requested. The dates of first creation, disclosure to the public, application and discovery are matched with the existing records.
Right and comparison
The register, the registration images, earlier designs and contracts are examined. In an infringement allegation, the appearance of the opposing product from different angles and the manner of sale are assessed.
Preservation of evidence
Listings, catalogs, product samples and design files are organized. Lawful preservation of evidence, technical examination and the need for an injunction that must be assessed without delay are determined.
Procedure and representation
Negotiation, a platform application, an Office procedure or a litigation route is chosen. Subject-matter and territorial jurisdiction and the preliminary application requirements specific to the claim are examined, and acceptance of the matter and authorization are completed.
Implementation and information
Within the scope undertaken, petitions, technical assessments and applications are carried out. Information is given on the decision, legal remedies, implementation, and later contract or registry procedures.

PREPARING FOR THE FIRST CONSULTATION

Preparing for a Design Law Consultation

A short summary of the matter is enough for the first inquiry. Detailed documents are requested through a secure channel once the scope of the review has been determined.

What you can prepare at the start

The design application or registration number, if any, and the register entry
The images in the registration and current photographs of the product from different angles
Records showing the date, place and scope of the first disclosure to the public
Listing addresses, seller information and current images of the opposing product

What may be requested depending on the file

Original drawings, version records, design files and samples
Contracts with the designer, employer, agency or manufacturer
Catalog, trade fair documents, dated sales invoices and order records
Formal notice, platform notice, Office decision, lawsuit and notification documents

Confidentiality of your information

The information and documents you share are used, within the framework of the attorney’s professional secrecy and the principles of personal data protection, only for legal assessment and for carrying out the work undertaken. Do not send passwords, access codes or unnecessary identity information. For sensitive documents, use the secure sharing method that our office will specify.

Statement on confidentiality and information security

REPRESENTATION AND COMMUNICATION

Design Law Services Based in Antalya and Serving All of Türkiye

Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, assesses the legal requests of designers, manufacturers and rights holders throughout Türkiye relating to product appearance. The first disclosure of the design, its placement on the market, ownership of rights and the characteristics of the products to be compared are examined at the start of the file.

In files involving production, trade fairs, distribution and online sales abroad, territorial protection and the need for cross-border action are planned together. Where representation in a foreign country is required, coordination is ensured with attorneys and relevant specialists authorized in that country. Communication is possible in Turkish, English, German and Russian.

Representation and technical contribution

Legal services and the procedures to be carried out by a trademark or patent attorney registered with TÜRKPATENT are separated. The scope of any design expert review, product comparison and coordination is determined according to the file.

Fees and separate expenses

Advice, contracts, an action against an Office decision and an infringement dispute are not the same scope of work. The attorney’s fee is explained separately from Office, representative, expert, notary, translation and litigation costs; the scope is clarified for additional work.

Preserving Images and Dates

For the review, you can prepare the dates of first disclosure, trade fairs and sales of the design; the existing registration images; and the records relating to the product to be compared. The scope of transfer of unpublished product images is determined in advance.

FREQUENTLY ASKED QUESTIONS

Questions About Design Law

The answers are general information. The route and conditions that apply to your request are assessed on the basis of specific information and documents.

If I have no registration, is it assumed that I cannot bring a lawsuit directly?

No. The conditions of an unregistered design, the first disclosure and the term are assessed. In addition, the application of copyright or unfair competition provisions may be examined, depending on their own conditions. Lack of registration means neither that there is no protection in every case nor that every copy can be made the subject of a lawsuit.

Is a registered design enough to stop every similar product?

The validity of the asserted right and whether the opposing product falls within the scope of protection must be examined. A rights holder’s request does not by itself create a ban on sales. An appropriate application and basis are needed for a court injunction or for a decision issued by a platform under its own rules.

Does deleting a social media post remove the earlier promotion?

Deletion does not by itself remove the fact of earlier disclosure to the public. The date of the post, its accessibility and its content are examined. Preserving the existing records is important for being able to assess which disclosure is relevant to registration.

If I put my own logo on the product, does the risk of design infringement end?

Changing the logo alone is not sufficient. The overall appearance of the product and its protected features are assessed. Not using another person’s trademark does not make a separate review of design or other intellectual property rights unnecessary.

If only my product photograph was used online, which service is needed?

Imitating the appearance of a product and the unauthorized use of a photograph are different matters. Whether the photograph qualifies as a work, the right of use and the manner of publication are examined separately. The same listing may raise problems in terms of design as well as copyright or trademark.

I paid the designer; can I also request the production files and the mold?

Drawings, source files, molds, samples and the design right are separate matters of delivery or rights. The scope of the contract, the correspondence and the nature of the work are assessed together. Permission to use a design does not by itself explain the delivery of every technical file.

Can I sell in Türkiye a product I bought from abroad?

The invoice of a foreign supplier does not give general permission against the design rights of third parties in Türkiye. The rights in Türkiye, the manner in which the product was placed on the market, the permissions required and the conditions for exhaustion of rights must be examined. Supplier warranties may be regulated separately in the contract.

Is it necessary for me to get a sample of a competitor’s product?

In some disputes, the product itself may make a detailed comparison easier. First, the needs of the file are determined; the purchase document, the date, the product identification and the existing packaging are preserved. A single sample may not by itself prove the scope of the sales or all infringement allegations.

When I receive a formal notice, should I delete my product page immediately?

The scope of the notice, the underlying registration and any court decision should be assessed. First, the existing listings and commercial records need to be preserved. The decision to continue or remove the publication should be made after the infringement risks and binding decisions have been examined.

In which court is a design lawsuit heard?

In civil actions under the SMK, the civil courts for intellectual and industrial property rights have jurisdiction; where these do not exist, the civil courts of first instance designated for this work handle them. The rules of territorial jurisdiction for actions against Office decisions and for disputes between private persons are not the same.

Can I change the appearance of the design after the application?

Developing the product commercially is different from changing the scope of the existing application. Whether the new appearance stays within the scope of the existing visual representation is examined. Whether a separate application is needed for a new version should be assessed before promotion.

RELATED SERVICES AND LEGAL BASIS

Find Information Related to Your Matter

Technology, Data, Intellectual Property and Media

Official legal sources

The sources used in preparing this text were reviewed on October 4, 2026. A review of sources does not replace a legal opinion tailored to the individual.

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Please share your request, a short summary of the facts and, if any, the date of an upcoming step. At the first consultation, which documents will be reviewed and which legal routes will be considered is clarified.

Subject of the inquiry: Design Law and Design Disputes

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First response: within 48 hours at the latest. This period is not the time in which the legal review is completed or the matter is concluded.

Submitting an inquiry does not mean that an attorney–client relationship has been established or that monitoring of the file and its time limits has been taken on. The consultation fee is communicated in advance.

Design Law and Design Disputes