I will continue my informative articles on industrial property classification systems with the design classification.
As a reminder, International Patent Classification (IPC) established by the Strasbourg Agreement is used in patent classifications. In design applications, a classification system based on the Locarno Agreement is used. The Locarno classification system is an international system which is based on the Locarno Agreement signed in 1968.
There are 32 classes in this classification system. The classification system is updated periodically on the WIPO (International Intellectual Property Organization) website and the Locarno classes, the 13th edition of which has been published with the latest update, can be accessed in detail as main classes and subclasses from the link below.
https://www.wipo.int/classifications/locarno/locpub/en/fr/
It is very important to accurately determine which class your design falls into during the application process. If there are errors in the classification, the Turkish Patent and Trademark Office or concerned authorized offices in case of international applications may detect deficiencies in the application and have corrections made in the classes which causes the application process to be prolonged. Similar to the patent classification system, design classifications are also utilized during the search conducted to determine whether a design is novel or not. At the same time, classifications can provide effective statistical data in determining how many applications are filed in which sector. For this reason, filing the applications in the correct classes both prevents some products from being overlooked while conducting a search and ensures that we obtain accurate data.
The Turkish Patent and Trademark Office prepares thoroughly detailed guides showing the examination criteria for applications and explains all procedures in detail with examples.
I would like to illustrate the classification system with some examples provided in the design examination guide.
The first example is an application for a pattern. If the pattern shown on the left above is subject to a two-dimensional design application, it is appropriate to file the application in class 32-00, i.e. "GRAPHIC SYMBOLS AND LOGOS, SURFACE PATTERNS, ORNAMENTATION", and for the design application image on the right, which is a ceramic plate with a pattern printed on it, it is appropriate to file the application with the design name "PLATES" in class 07-01, i.e. "CHINA, GLASSWARE, DISHES AND OTHER ARTICLES OF A SIMILAR NATURE".
Figure 194: Packaging (09-00) Figure 195: Packaging (09-00)
According to another example, a design application that is directly related to packaging should be made in class 09-00, i.e. "PACKAGINGS AND CONTAINERS RELATED TO THE SHIPPING OR TRANSPORTATION OF GOODS", with the image of the packaging on the product and an unassembled version thereof that can be submitted as an additional image.
Figure 221: Smart boiler screen display Figure 222: Screen display (web page)
Applications with images such as screen displays of graphical user interfaces, computers and mobile phones, desktop icons, web page design applications such as the ones in the above given example should be filed in class 14-04, i.e. "SCREEN DISPLAYS AND DESKTOP ICONS".
To elaborate on the issue with other examples published in the design bulletin, Apple's speakers were registered in class 14-01, Arçelik's tea maker in class 07-02, Apple's Siri interface in class 14-04, and Hyundai's mascot in class 32-00
The most common problem with classification systems is that the class selection is not made carefully due to the fact that the classes determined do not directly affect the opposition processes of design applications and the third parties. The inclusion of all kinds of applications in class 32-00 for a period of time by people and companies that did not have a high level of industrial rights awareness caused confusion, and for this reason, the Turkish Patent and Trademark Office updated the examination guides and drew attention to this situation. As stated in the examples mentioned above, if it is clear to which product a pattern will be applied, it is very important to file the application in the relevant class of the product on which it is applied, or at least to present this version as an additional image. In short, it is very important detail that companies and attorneys do not proceed without checking the up-to-date application and examination guides prior to filing applications.
The world of design is a very colorful, creative, and also an innovative world. An ordinary product, perhaps among many other similar products, creates a unique difference with the signature of the designer and stands out from its counterparts. Therefore, such a special talent should be rewarded with design registration. I hope that the importance to be attached to design applications and proper filing thereof will increase in many sectors based on the given examples.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
