Designs provide proprietary right and legal protection for the countries where they are registered in accordance with the design law.
If you have not registration in Turkey, your designs are not protected legally. However, if your designs are also special intellectual property (art of work), then they may be protected in other legal aspects.
If your product is not registered in Turkey, you may have difficulty in legal terms.
Unfortunately, imitation has been a sector in Turkey. The persons/firms making an imitated production are in the form of extremely professional criminal organizations and thus they know the gaps in the Law and Turkish Patent Institute legislation well.
The INNOVATION SEARCH is not required for design registration of a product!
Imitators register trademark, design and Utility Model of the product to be imitated by them in their own name when they detect that it is not registered in Turkey.
If the malevolent registration applications are not objected in due period, the registration takes place.
In malevolent registrations, exactly same technical specifications and forms are usually used and registrations are obtained with minor changes and additions sometimes.
Once all Intellectual and Industrial rights are legally registered in the name of malevolent imitators, it would be disadvantageous for you to carry out commercial activity in Turkey.
You may sell your product in Turkey by permission of the malevolent registration owner or you should have the registration canceled.
The important matter in the actions for nullity; Proving to the Court and Technical Experts that the real right owner is not the registration holder and that the Registration in Turkey is malevolent.
In the imitated registration in particular, if some changes were made in the product specifications and form, important problems are suffered in respect of proof. Attorneys who do not actively engage in design registration are insufficient in this respect although they have knowledge in respect of the design law.
Most of the products registered in Turkey are produced by dealers; your dealer or partner in Turkey may have registered your trademark and product in its own name without your knowledge!
Once your commercial relation with your Turkish dealer and partner terminated, you may unable to use your trademark and product in Turkey.
In this case, bad faith is obvious and it is possible to get a positive result with an action for nullity/cancellation.
It is required for Attorneys to know the design registration process and TPE practices to get a positive result in any design actions to be brought in Turkey.
Our Attorneys act as a Trademark and Patent Attorney in the TPE and they also act as an Expert towards the Turkish Courts and Administrative Authorities.
Our Law & Patent Office has been providing an Attorney and Consultant service in the Actions for Nullity of Patent since 1997.