Frequently Asked Questions – FAQ

Trademark, Patent, Industrial Design etc. Questions and Answers on the Issues …

Frequently Asked Questions – FAQ

Trademark, Patent, Industrial Design etc. Questions and Answers on the Issues …

We are happy to answer what you want to learn.

We tried to answer what you wonder about Brand, Patent, Utility Model, Industrial Design and other issues.

Frequently Asked Questions and Answers

Any kind of sign and statement distinguishing the goods or services of an enterprise from the goods or services of another enterprise is a Trademark.

In addition to statements and logos, a color, a melody and even a smell can be the subject of a Trademark Registration.

Before filing a trademark application, a pre-search must be made which indicates whether there is a one-to-one or a similar trademark application related to the activity field in the official country office (TURKPATENT in Turkey) where you will file application. For this reason, you must request a pre-search from your consultant company.

If you will use a logo for your trademark application, create your logo before the filing process. If you say that you will create your logo later and you will file later, the cost will increase by 2 times.

After the trademarks are registered, they provide infinite protection as long as renewal fees are paid in every 10 years counting from the filing date. However, the classes which have not been used by you as from the Trademark Registration date can be cancelled by means of a lawsuit.

In terms of nationality principle, a Registered Trademark is protected only in the country where filing is made. If you desire to protect your trademark in different countries and in different regions, please request offer from our consultants by indicating the countries and regions where you desire protection.

In order to have a field name with the extension of com.tr , the internet authority requests that you prove the trade name or the Brand Registration application by means of related documents.

TM (Trademark) sign is used for trademarks without registration; R (Registered) sign is used for trademarks with registration. C (Copyright) is used for copyright.

In order for your invention to be the subject of a patent, your invention must bring a technical solution to a technical problem. A patent application is made by preparing a description of your invention in a detailed manner, and the claims which determine the protection scope of your invention, and figures, if necessary, and by submitting these to the related patent office. Afterwards, your invention is going to be examined in terms of novelty, inventive step and industrial applicability, which are the conditions required for getting patent from the related patent office. If you consider that your invention is new and solves a problem or brings a solution to a problem, you can get detailed information by meeting with one of our consultants.

The most basic difference between a Utility Model and a Patent is that inventive step is not required in Utility Model applications. If you have an invention and if you consider that your invention is new and if you consider that your invention solves a problem or brings a solution to a problem, you can make application for a Utility Model and get registration even if your invention is a simple improvement.

The registration of a utility model provides protection for 10 years, and the registration of a patent provides protection for 20 years.

Moreover, Chemical inventions, Methods and Software cannot be the subject of a Utility Model Application and these inventions can only be the subject of a Patent application.

If software is supported by hardware and solves a technical problem or provides a measurable advantage, they will be the subject of Patent application.

Discoveries, scientific theories, mathematical methods, plans, methods and rules related to intellectual, commercial and game activities, literary and artistic works, science works, non-technical methods and software related to composition, arrangement, presentation and transfer of information and medical treatment methods are not regarded as invention and they are not patentable.

Besides, the inventions which are against public order or public morality, biological processes related to plant types or animal species and production of plants or animals and the diagnosis methods implemented on a human or animal body and the surgical methods related to these cannot be patented.

In accordance with the nationality principle, the Patent application is protected only in the country where patent is got. After patent application is filed in a country, if you desire to protect your Patent also in other countries and regions, you must file Patent application in the Countries and Regions, where you request protection, within 12 months as from the first application date. If patent protection is not expanded to other Countries and Regions within 12 months, your patented product is going to become a public product in all these countries and regions. In other words, your product may be produced by everybody.

While Industrial Designs protect the external appearance and the form of a product, Patent Application protects the technical items and functionality of a product.

After patents are filed, some consultancy service fees in addition to the search report fee, examination report fee, registration certificate preparation fee of the official office (Turkpatent) must be paid.

In order for your patent to be active after registration, an official renewal fee and consultancy service fee must be paid every year.

As long as yearly renewal fees are paid to the official office (TURKPATENT), Patents provide protection for 20 years and Utility Models provide protection for 10 years.

Worker Invention describes the service inventions or free inventions which are conducted by worker and which can be protected by Patent or Utility Model.

Service invention describes the inventions made by a worker during work relation based on the experience and studies of an enterprise or a public institution within the activity areas of said enterprise or the inventions made by a worker during work as a result of the work activity in an enterprise or a public institution.

When you make an invention as a worker, if this invention is as a result of the requirement of the company in which you work in or if this invention is within the activity areas of the company, you are obliged to notify this invention to the employer in written form and without delay. Your employer may request right for your invention. In this case, your employer must give you an Incentive award which must not be lower than the net minimum wage.

If your invention is not within the activity field of the enterprise in which you work and if you have not used the facilities of the enterprise, in which you work, while you were making your invention, we can describe your invention as a free invention. Even if you consider that your invention is a free invention, please notify your invention to your employer and request that your invention is evaluated as a free invention. For instance, you work in a company which produces automotive auxiliary parts and you have an invention related to coffee machine in the field of small house appliances.

As the inventor, you can request a right, which is equal to the proportion of contribution of your invention in the sales price of the patented product, from the gain obtained by your company by means of the sales of said patented product.

For instance; let us assume that the contribution of your invention in the patented product, which has sale price 1000”, is 10”. When 1,000,000 products are sold, the gain you deserve will be approximately 0.0015, in other words, it will be 15,000”.

You can call our consultants for detailed information. You can examineRegulation Related to Worker Inventions and the Inventions which occur in Public Supported Projects and the Inventions Made in High Education Institutes published on the Official Gazette in Turkey with date 29.09.2017.

While Industrial Designs protect the external appearance and the form of a product, Patent Application protects the technical items and functionality of a product.

In accordance with nationality principle, the Industrial Design application is protected only in the country where Industrial Design registration certificate is got. After Industrial Design application is filed in a country, if you desire to protect your Designs in other countries and regions, you must file Design application in the Countries and Regions, where you request protection, within 6 months as from the first application date.

Industrial Design registrations provide protection for 25 years as long as renewal fees are paid in every 5 years counting from the filing date.

Any kind of artistic works and literary works and non-technical software are protected by Copyright © . Copyright provides protection for 70 years after the author of the work dies. Later, the work becomes the public.

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Frequently Asked Questions and Answers

Any kind of sign and statement distinguishing the goods or services of an enterprise from the goods or services of another enterprise is a Trademark.

In addition to statements and logos, a color, a melody and even a smell can be the subject of a Trademark Registration.

Before filing a trademark application, a pre-search must be made which indicates whether there is a one-to-one or a similar trademark application related to the activity field in the official country office (TURKPATENT in Turkey) where you will file application. For this reason, you must request a pre-search from your consultant company.

If you will use a logo for your trademark application, create your logo before the filing process. If you say that you will create your logo later and you will file later, the cost will increase by 2 times.

After the trademarks are registered, they provide infinite protection as long as renewal fees are paid in every 10 years counting from the filing date. However, the classes which have not been used by you as from the Trademark Registration date can be cancelled by means of a lawsuit.

In terms of nationality principle, a Registered Trademark is protected only in the country where filing is made. If you desire to protect your trademark in different countries and in different regions, please request offer from our consultants by indicating the countries and regions where you desire protection.

In order to have a field name with the extension of com.tr , the internet authority requests that you prove the trade name or the Brand Registration application by means of related documents.

TM (Trademark) sign is used for trademarks without registration; R (Registered) sign is used for trademarks with registration. C (Copyright) is used for copyright.

In order for your invention to be the subject of a patent, your invention must bring a technical solution to a technical problem. A patent application is made by preparing a description of your invention in a detailed manner, and the claims which determine the protection scope of your invention, and figures, if necessary, and by submitting these to the related patent office. Afterwards, your invention is going to be examined in terms of novelty, inventive step and industrial applicability, which are the conditions required for getting patent from the related patent office. If you consider that your invention is new and solves a problem or brings a solution to a problem, you can get detailed information by meeting with one of our consultants.

The most basic difference between a Utility Model and a Patent is that inventive step is not required in Utility Model applications. If you have an invention and if you consider that your invention is new and if you consider that your invention solves a problem or brings a solution to a problem, you can make application for a Utility Model and get registration even if your invention is a simple improvement.

The registration of a utility model provides protection for 10 years, and the registration of a patent provides protection for 20 years.

Moreover, Chemical inventions, Methods and Software cannot be the subject of a Utility Model Application and these inventions can only be the subject of a Patent application.

If software is supported by hardware and solves a technical problem or provides a measurable advantage, they will be the subject of Patent application.

Discoveries, scientific theories, mathematical methods, plans, methods and rules related to intellectual, commercial and game activities, literary and artistic works, science works, non-technical methods and software related to composition, arrangement, presentation and transfer of information and medical treatment methods are not regarded as invention and they are not patentable.

Besides, the inventions which are against public order or public morality, biological processes related to plant types or animal species and production of plants or animals and the diagnosis methods implemented on a human or animal body and the surgical methods related to these cannot be patented.

In accordance with the nationality principle, the Patent application is protected only in the country where patent is got. After patent application is filed in a country, if you desire to protect your Patent also in other countries and regions, you must file Patent application in the Countries and Regions, where you request protection, within 12 months as from the first application date. If patent protection is not expanded to other Countries and Regions within 12 months, your patented product is going to become a public product in all these countries and regions. In other words, your product may be produced by everybody.

While Industrial Designs protect the external appearance and the form of a product, Patent Application protects the technical items and functionality of a product.

After patents are filed, some consultancy service fees in addition to the search report fee, examination report fee, registration certificate preparation fee of the official office (Turkpatent) must be paid.

In order for your patent to be active after registration, an official renewal fee and consultancy service fee must be paid every year.

As long as yearly renewal fees are paid to the official office (TURKPATENT), Patents provide protection for 20 years and Utility Models provide protection for 10 years.

Worker Invention describes the service inventions or free inventions which are conducted by worker and which can be protected by Patent or Utility Model.

Service invention describes the inventions made by a worker during work relation based on the experience and studies of an enterprise or a public institution within the activity areas of said enterprise or the inventions made by a worker during work as a result of the work activity in an enterprise or a public institution.

When you make an invention as a worker, if this invention is as a result of the requirement of the company in which you work in or if this invention is within the activity areas of the company, you are obliged to notify this invention to the employer in written form and without delay. Your employer may request right for your invention. In this case, your employer must give you an Incentive award which must not be lower than the net minimum wage.

If your invention is not within the activity field of the enterprise in which you work and if you have not used the facilities of the enterprise, in which you work, while you were making your invention, we can describe your invention as a free invention. Even if you consider that your invention is a free invention, please notify your invention to your employer and request that your invention is evaluated as a free invention. For instance, you work in a company which produces automotive auxiliary parts and you have an invention related to coffee machine in the field of small house appliances.

As the inventor, you can request a right, which is equal to the proportion of contribution of your invention in the sales price of the patented product, from the gain obtained by your company by means of the sales of said patented product.

For instance; let us assume that the contribution of your invention in the patented product, which has sale price 1000”, is 10”. When 1,000,000 products are sold, the gain you deserve will be approximately 0.0015, in other words, it will be 15,000”.

You can call our consultants for detailed information. You can examineRegulation Related to Worker Inventions and the Inventions which occur in Public Supported Projects and the Inventions Made in High Education Institutes published on the Official Gazette in Turkey with date 29.09.2017.

While Industrial Designs protect the external appearance and the form of a product, Patent Application protects the technical items and functionality of a product.

In accordance with nationality principle, the Industrial Design application is protected only in the country where Industrial Design registration certificate is got. After Industrial Design application is filed in a country, if you desire to protect your Designs in other countries and regions, you must file Design application in the Countries and Regions, where you request protection, within 6 months as from the first application date.

Industrial Design registrations provide protection for 25 years as long as renewal fees are paid in every 5 years counting from the filing date.

Any kind of artistic works and literary works and non-technical software are protected by Copyright © . Copyright provides protection for 70 years after the author of the work dies. Later, the work becomes the public.

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