Industrial design rights are of great importance for protecting the commercial value arising from the external appearance of a product. The shape, lines, contours, surface structure, ornamentation, colors or overall appearance of a product may be among the key elements that distinguish it from competing products.
For this reason, design rights should not only be registered, but also effectively protected and, where necessary, supported through legal processes.
At Patentpark Consultancy, we provide strategic legal support to our clients in disputes concerning registered or unregistered designs. We conduct file-specific assessments in matters such as design infringement, counterfeit or imitation products, oppositions against similar design applications, defenses against oppositions filed against design applications, invalidation risks, warning letter procedures and settlement negotiations.
Design infringement may arise where products identical or similar in overall impression to a registered design are manufactured, sold, imported, placed on the market or used commercially by third parties without authorization.
In this assessment, it is not sufficient to consider only whether the products are identical. The overall impression created by the designs on the informed user, their distinctive features, the degree of design freedom in the sector, product form and visual integrity must be analyzed together.
At Patentpark Consultancy, in design infringement claims, we evaluate the scope of the design registration, product visuals, market use and evidence status together, and provide our clients with a practical and applicable roadmap.
Design applications are published if they are found eligible following examination by the Turkish Patent and Trademark Office. Published design applications or registered designs may be opposed by relevant parties within the statutory period.
Opposition against a design application is an important legal mechanism for protecting earlier design rights, registered or unregistered designs, prior rights arising from product appearances and other industrial property rights.
In particular, the registration of identical designs or designs similar in overall impression for identical or similar products may cause market confusion, create an imitation perception and weaken the commercial value of the design owner.
In order to file an opposition against a design application, the relevant publication must be monitored within the required period. If the deadline is missed, more costly and lengthy legal procedures may become necessary later in relation to the design application or registration.
For this reason, design owners should regularly monitor new design applications that are identical or similar to their product appearances. Through design monitoring services, similar designs can be detected at an early stage and opposed within the statutory period where necessary.
A timely opposition enables the design owner to protect its rights in a more effective, faster and cost-efficient manner.
At Patentpark Consultancy, we evaluate published design applications not only in terms of superficial visual similarity, but also in terms of design law, product class, sectoral reality, the overall impression created on the informed user, earlier design rights and evidence of use.
Our objective is to protect our clients’ existing design rights effectively and to conduct opposition proceedings against risky third-party design applications at the right time and with strong legal arguments.
Opposition against a design application is an important legal mechanism for protecting existing design rights and preventing the spread of similar product appearances in the market. An effective opposition process is not limited to merely claiming visual similarity; the application, earlier designs, product class, evidence of use, sector dynamics and informed user perception must be assessed together.
Patentpark Consultancy provides strategic, detailed and result-oriented support to its clients in opposition proceedings against design applications and contributes to the strong protection of design rights.
Design applications or registered designs may be opposed by third parties during the publication period. In such oppositions, it is generally claimed that the design is not new, lacks individual character, is similar to designs previously made available to the public, or conflicts with earlier rights.
The filing of an opposition against a design application or registration does not mean that the design right will automatically be cancelled or lost. At this stage, the applicant or design owner may submit a defense against the opposition grounds in line with legal, technical and commercial realities.
A well-prepared counterstatement is critical for maintaining the design registration and ensuring that the process proceeds in favor of the design owner.
At Patentpark Consultancy, we approach defense proceedings against design oppositions not as a standard response petition, but as a strategic process in which the overall appearance of the designs, product class, informed user perception, design freedom, earlier designs, use status and legal risks are evaluated together.
In defense proceedings against design oppositions, we conduct a detailed file-specific analysis. Each opposition is examined separately in terms of the design subject to the application, the opponent’s earlier rights, product class, design similarity, public disclosure status, novelty and individual character criteria.
Within the scope of our services, we provide professional support in the following areas:
Our objective is to ensure that your design application or registered design is defended in the strongest possible manner during the opposition process and to establish the right legal strategy for protecting your design rights.
Design applications may be accepted following examination by the Turkish Patent and Trademark Office; however, in some cases, they may be subject to negative decisions due to deficiencies, formal irregularities, failure to meet protection requirements or opposition proceedings.
Likewise, as a result of oppositions filed against a design application or registered design, decisions may be issued concerning the full or partial protection of the design.
Negative decisions issued by the Office do not always mean that the process has completely ended. Depending on the nature of the decision, re-examination may be requested by filing an appeal or submitting a response within the statutory period.
Negative decisions in design proceedings may generally be based on grounds such as lack of novelty, lack of individual character, similarity with designs previously made available to the public, unsuitable application visuals, or a disputed scope of protection for certain products.
At Patentpark Consultancy, we examine Office decisions on a file-specific basis. We evaluate the reasoning of the decision, the visual structure of the design subject to the application, earlier design records, product class, informed user perception and available legal appeal options together, and prepare strategic responses and appeal files.
Submitting a response or appeal against Office decisions is important in order to:
In this process, the response or appeal petition should not consist of general explanations only. It must be structured in a way that directly addresses the reasoning of the Office decision, relies on concrete visual comparisons and includes legal grounds.
If third parties use a registered design without authorization, place identical or similar products in terms of overall impression on the market, manufacture imitation products, import them, sell them, list them on e-commerce platforms or use them commercially, the design owner has the right to pursue legal remedies.
Design infringement may arise where a product appearance identical to a registered design or creating a similar overall impression on the informed user is used commercially without the consent of the design owner.
If such use weakens the commercial value arising from the design owner’s products, creates an imitation perception in the market or results in unfair competition, a claim of infringement of design rights may arise.
Design infringement is not limited to the use of an identical product. Products that are similar in terms of form, lines, contours, surface structure, proportions, ornamentation, color use or overall appearance may also constitute infringement depending on the circumstances of the case.
Product packaging, catalogues, e-commerce visuals, website content, social media posts, fair promotions and sales materials are also important for determining infringement.
In design infringement matters, before initiating litigation or formal proceedings, sending a warning letter to the counterparty and seeking settlement may often be a strategic option.
An effectively prepared warning letter clearly sets out the rights of the design owner, requests cessation of the infringement and serves as an official notice to the counterparty before potential legal proceedings.
At Patentpark Consultancy, we evaluate design infringement claims on a file-specific basis. We analyze the scope of the design registration, the product appearance subject to the alleged infringement, the commercial activities of the parties, the available evidence and potential legal risks together, and provide professional support in the preparation of warning letters and settlement negotiations.
At Patentpark Consultancy, we consider industrial design legal services as an essential part of product protection and portfolio management strategy.
Our objective is not only to respond to existing disputes, but also to identify potential design risks at an early stage, protect our clients’ original product appearances and support their competitive position in the market.
We provide strategic, evidence-based and result-oriented support in design infringement assessments, opposition and defense proceedings, Office decision responses, warning letters and settlement processes.
Contact us for the preparation of accurate, comprehensive and result-oriented industrial design legal files.
Patentmail: info@patentpark.com.tr Patentphone: 0850 311 42 42
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