⌗ trademark
Trademark, Patent or Design? A Guide to Choosing the Right Protection
A trademark protects the name, a patent the technical invention, a design the appearance. For most products the right answer is more than one right. A decision guide that shows which industrial-property right fits what you want to protect.
The sentence "I want to register my product" can point to three different rights. In industrial property, a product is protected not by one right but by several: its name is one right, its technical solution another, its appearance a third. Knocking on the wrong door costs time and money. This guide shows the right route based on what you want to protect.
Three rights, three different things
| Right | What it protects | Example |
|---|---|---|
| Trademark | The product/service name, logo, distinctive sign | A brand's name and emblem |
| Patent / Utility model | A technical invention — a new solution, mechanism | A device's method of operation |
| Industrial design | The product's external appearance — form, line, texture | A product's body form |
Two more rights round this out: if the technical solution is at the level of a "good variation," the utility model applies; if a product is identified with a region, the geographical indication comes into play.
Quick decision: what do you want to protect?
- "My name/logo is being copied." → Trademark registration.
- "The way my device works is being imitated." → Patent or utility model.
- "My product's appearance/form has been taken outright." → Design registration.
- "We want to protect our region-specific product." → Geographical indication.
Trademark — protects your name and logo
A trademark is the sign that distinguishes one business's goods/services from another's. Protection is 10 years and renewable indefinitely — so, managed correctly, it is a lifelong right. Before filing a trademark, a similarity search is critical; if an identical/similar mark exists, your application will face opposition. We covered the process in detail in How the trademark opposition process works.
Patent and utility model — protect the technical invention
If you have an invention that is new, exceeds the state of the art and is industrially applicable, a patent fits; if the inventive step is more flexible, a utility model fits. A patent protects for 20 years, a utility model for 10 years. We explained the choice between them with a decision tree in Utility model or patent.
Design — protects the appearance
If a product's form, line or texture is being copied, you need a design registration. A design is protected for 5 years and extends to 25 years through five-year renewals. For details, read the design registration guide.
A product usually needs more than one right
Picture a new food processor:
- Its name and logo → trademark
- Its new mixing mechanism → patent or utility model
- Its distinctive body form → industrial design
Taken together, the product is protected on every front. Relying on a single right leaves an open flank: a firm that registers the trademark but neglects the design cannot stop a competitor from bringing the same form to market under a different name.
Term and cost comparison
| Right | Term | Process (approx.) | Renewal |
|---|---|---|---|
| Trademark | 10 years | 6-12 months | Unlimited (every 10 years) |
| Patent | 20 years | 2-4 years | None (single term) |
| Utility model | 10 years | 1-2 years | None |
| Design | 5 years | Relatively fast | 4 times (25 years total) |
Exact fees are set by TÜRKPATENT's annual schedule; you can find current trademark fees in 2026 trademark registration fees.
Where to start?
- Clarify what you are protecting (a name, a technical solution, or an appearance).
- Run a prior search: Trademark Pre-Search for marks, the Patent Eligibility Test for inventions.
- Plan the combination: Most products need at least two rights together.
To determine the right combination for your product together, Asil Patent — under the agency of Salih Aksebzeci — starts with an initial consultation. You can reach the details from the trademark, patent and design service pages.
Sources
- SMK 6769 — trademarks (arts. 4-32), designs (arts. 55-81), patents/utility models (arts. 82-149)
- TÜRKPATENT fee schedule (annual, Official Gazette)
Author: Salih Aksebzeci · TÜRKPATENT Agent Registry No. 188 · Published: 2026-06-18