# What Are the Risks of Sharing a Product Online Before Design Registration?

> Shared product images before filing a design? How novelty is judged worldwide, the limits of the 12-month grace period, EU and US rules and your first steps.

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If you published your product on Instagram, on your website or on a marketplace before filing a registration application, you have made the design available to the public. In Turkey, this disclosure does not destroy your novelty if you file within 12 months of the date of first disclosure; once that period has passed, the design is no longer considered new. Sharing a design before registration is therefore not prohibited, but it is a decision that starts the clock.

The risk is not only that the period runs out: the grace period covers only disclosures originating from you and does not protect you if someone else publishes a similar design in the meantime; moreover, not every country recognizes the same period. Below you will find the risk by type of disclosure, the rules abroad and the steps to take if you have already shared.

## Why Is Novelty Assessed Worldwide?

Under SMK Art. 56(4), a design is considered new if no identical design has been made available to the public anywhere in the world before the filing or priority date. Individual character is likewise assessed by comparison with designs made available to the public before the same date (Art. 56(5)).

This makes online sharing particularly important. An Instagram post made from Turkey can be cited as a prior design in an examination or opposition at an office abroad as well. In the same way, a similar product published on a foreign website can stand in the way of your application in Turkey.

## Which Kinds of Sharing Count as Disclosure?

Making a design available to the public covers exhibiting it, putting it on the market through sale or other means, using, describing, publishing and advertising it (Art. 57(1)). Disclosing the design to a third party under conditions of confidentiality, however, does not count as making it available to the public.

| Type of sharing | Disclosure? | Risk |
| --- | --- | --- |
| Public social media account, website | Yes | High; the 12 months start |
| Marketplace listing, pre-order, sale | Yes | High |
| Crowdfunding campaign | Yes | High; images reach a wide audience |
| Trade fair or shop window | Yes | High; check the conditions for exhibition priority |
| Printed catalog, dealer brochure | Yes | Medium to high |
| Manufacturer or investor under an NDA | No | Low; keep a record as evidence |
| Closed group without a confidentiality condition | Depends | Uncertain; may count as disclosure |

The outcome is the same even if the product has not yet been manufactured. Because the law also treats "describing" and "publishing" as making available to the public, a render of a 3D model, a technical drawing or a story post that disappears after 24 hours is also disclosure to the extent it makes the design visible. What is decisive is that the appearance becomes visible to others, not how long the post stayed up, how many views it got or whether the product went on sale.

The confidentiality condition must be provable. A written confidentiality agreement signed with the manufacturer or investor does the job; we explained its contents in our [guide to non-disclosure agreements](https://www.webx.net.tr/en/blog/what-is-an-nda). An image placed on a portfolio site with a "coming soon" note, on the other hand, is not confidential.

## How Does the 12-Month Grace Period Work?

Under SMK Art. 57(2), if the design for which protection is sought was made available to the public by the designer, their successor in title, or a third party with their permission within the 12 months before the filing date (or the priority date, if any), that disclosure is disregarded in assessing novelty and individual character. Disclosures resulting from an abuse in relation to the designer benefit from the same protection.

### Where does the period start?

The period is counted back from the filing date, not from the date of first disclosure: disclosures falling within the 12 months before the filing date are harmless. In practice, this means the application must be filed before 12 months have passed since the first disclosure. Later posts of the same design do not restart the period; the first disclosure is what counts.

### What does the period not cover?

The grace period neutralizes only disclosures originating from you. If, after you share the product, a designer working independently of you publishes a similar product, that publication remains a prior design against your application and may call your novelty or individual character into question. A claim of copying, meanwhile, requires proof. By contrast, if a manufacturer or a shop you gave samples to puts the images in its catalog without your permission, this may count as an abuse in relation to the designer, and that disclosure is also assessed within the grace period. The 12 months are therefore not a safe harbor but a buffer; the earlier you file, the narrower this risk becomes.

### The burden of proof is on you

The party relying on the grace period must be able to show that the disclosure originated from them and when it took place. A dated screenshot of the post, the data archive exported from the platform, the first order and invoice records and a trade fair participation certificate are all part of this file.

### Sharing after filing

Posts made after the application is filed do not affect the novelty of your own application; the date is now fixed. If you want to keep the product confidential until launch, you can request deferment of publication together with the application; in that case the design is protected only against copying until the views are published in the Bulletin (Art. 59(6)). New models you develop after filing, however, are separate designs with their own disclosure timelines.

## Exhibition Priority at Trade Fairs and Exhibitions

If you exhibited the design at a national or international exhibition held in Turkey, or at an official or officially recognized international exhibition held in a state party to the Paris Convention or the World Trade Organization, you can benefit from exhibition priority by filing in Turkey within six months of the date of display (Art. 62(5)). If the product was exhibited before the official opening, the period starts from the date it was put on display (Art. 62(6)).

The exhibition priority claim is made together with the application, its documents are submitted within three months (Art. 63(1)), and it does not extend the Paris priority period (Art. 63(4)). Since not every commercial trade fair may fall within this definition, it is safer to file before the fair if its date is already set.

## Unregistered Design Protection: The Limited Shield Disclosure Provides

Disclosure also has a positive side: a design first made available to the public in Turkey is protected for three years from the date of disclosure even if it is not registered (Art. 55(4), Art. 69(2)). However, this protection works only against copying of the identical design, or of one so similar that it cannot be distinguished in terms of overall impression; independent work by a designer who could not reasonably have known your design does not count as copying (Art. 59(2)).

Note two points. First, if the first disclosure took place abroad, the condition for unregistered protection in Turkey, "first made available to the public in Turkey," becomes debatable. Second, proving copying is much harder than relying on a registration certificate. Unregistered protection exists to bridge the period until you file.

A product photo or illustration you share may also be protected by copyright as a work; however, copyright in the photo prevents unauthorized use of the photo, and as a rule does not prevent others from manufacturing the product's appearance. You can see this distinction in our article on [the difference between copyright and industrial property rights](https://www.webx.net.tr/en/blog/trademark-vs-copyright).

## The Situation Abroad: the EU, the US and Other Countries

The grace period in Turkey does not protect your applications abroad; each office applies its own law. If you plan to export, assess the date of first disclosure together with the rules of your target countries.

### European Union

The EU design regime is governed by Regulation No 6/2002 as amended by Regulation 2024/2822. Most of the amendments have applied since May 1, 2025, and the name "Community design" has changed to "EU design." For a registered EU design, too, disclosures made by the designer or with their permission within the 12 months before the filing or priority date do not destroy novelty; a disclosure made under conditions of confidentiality does not count as making available to the public.

An unregistered EU design, meanwhile, is protected for three years from the date the design is first made available to the public within the Union, and only against copying. A disclosure that begins in Turkey may not automatically give rise to this protection.

### United States

In the US, a product's appearance is protected by a design patent, and the provisions on utility patents also apply to design patents unless otherwise provided (35 U.S.C. 171). 35 U.S.C. 102(b)(1) does not treat as prior art disclosures made by the inventor, or by others who obtained the subject matter from them, one year or less before the effective filing date.

### Other countries

Whether a grace period exists, how long it is and whose disclosures it covers vary from country to country; some legal systems have a narrower exception. The safe rule is this: for every country where you plan to sell, file before the first disclosure or at least verify the period there counted from the date of disclosure. A Turkish application provides the six-month Paris priority for designs (Art. 62(1)); however, the priority date does not go back before the date of disclosure.

### One timeline for three offices

Since the same disclosure can have different consequences at different offices, the timeline needs to be built around the strictest rule. The table below summarizes three simple scenarios in which the first disclosure was made from Turkey on the same day:

| Scenario | Turkey | EU | US |
| --- | --- | --- | --- |
| Filing everywhere in month 10 | Within the grace period | Within the grace period | Within one year |
| Filing everywhere in month 14 | Risk of losing novelty | Risk of losing novelty | May count as prior art |
| TR in month 10, EU with priority in month 15 | Within the grace period | The priority date governs | Check the office's own rule |

In the last row, because the EU counts the 12-month period back from the priority date, the date of the Turkish application is decisive. Do not assume priority works the same way in every country; check separately for each office where you will file.

## What Should You Do Now If You Have Already Shared?

If a disclosure has already happened, follow this sequence instead of panicking:

1. **Establish the date of first disclosure.** Compare the oldest post on your accounts, the first listing, the first sale and any trade fair date; the earliest one counts.
2. **Freeze the evidence.** Take dated screenshots, the platform data archive and the first invoice records; do not delete the post.
3. **Calculate the last filing day.** The application must be filed before 12 months have passed since the first disclosure; leave a safety margin.
4. **Separate the shared version from the variants.** Make sure the design made public and the views to be filed produce the same overall impression; assess later models as well.
5. **Scan the market.** Check whether a similar product has appeared since your disclosure; if so, speed up the application.
6. **Finalize the plan for abroad.** Draw up the filing timeline according to the grace-period rules of your target countries and the priority of the Turkish application.
7. **File the application.** For preparing the views, multiple applications and fee items, you can follow our guide on [the steps of a design application](https://www.webx.net.tr/en/blog/how-to-register-a-design-in-turkey).

## Checklist Before You Share

- Have you determined which applications are needed for the product's name and appearance?
- Have you listed every channel where you will share images (social media, marketplace, press release, trade fair)?
- Is there a written confidentiality obligation with the manufacturer, packaging supplier and investor?
- Are the countries where you plan to sell settled?
- If there is a technical innovation, have you considered the patent side?
- Have you set up a system to record the date and content of each post?
- In collaborations with agencies, photographers and influencers, do you decide the publication date?

For products involving a technical innovation, the rules are stricter; read separately about [the consequences of disclosing an invention before filing](https://www.webx.net.tr/en/blog/disclosing-an-invention-before-filing-a-patent). Which tool to use for the product's name, appearance and text is summarized in our [protection map based on the form of the idea](https://www.webx.net.tr/en/blog/how-to-protect-a-business-idea).

## Fictional Example: Nerola Seramik's Mug Series

Fictional example: Nerola Seramik introduces a handmade mug series on Instagram in March and takes pre-orders. In November it notices that an importer is selling very similar mugs in Germany and Turkey.

Since eight months have passed since the first disclosure, the company is still within the grace period in Turkey; it gathers dated records of the first post and files a multiple design application within two weeks. It learns that until registration it can act in Turkey on a copying claim based on unregistered design protection, but that it must prove copying. For Germany, it plans to file an EU design application claiming the priority of the Turkish application and before 12 months have passed since the first disclosure.

## Common Mistakes

- **Stretching the 12 months past the filing date:** The period covers the time between first disclosure and filing, not the time after filing.
- **Treating the grace period as a shield against everyone:** A similar product published in the meantime by an independent designer can get ahead of you.
- **Assuming the Turkish period applies in every country:** Each office's rule is different.
- **Thinking that deleting the post solves the problem:** Disclosure cannot be undone; only the evidence is lost.
- **Settling for unregistered protection:** It lasts three years, works only against copies and is hard to prove.

If you would like to assess your disclosure date and target markets together and draw up a filing timeline, you can reach the Webx team through our [design registration service](https://www.webx.net.tr/en/hizmetler/tasarim-tescil) page. Period calculations and filing strategy are specific to each file; no outcome is assured.

## Sources

- [Legislation Information System — Industrial Property Law No. 6769 (SMK)](https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6769.pdf) (Arts. 55(4), 56, 57, 59(2), 62, 63, 69(2))
- [TÜRKPATENT — Design information page](https://www.turkpatent.gov.tr/tasarim) (definition of novelty, 3-year protection of unregistered designs)
- [EUR-Lex — Regulation (EU) 2024/2822](https://eur-lex.europa.eu/eli/reg/2024/2822/oj/eng) ("EU design" terminology, date of application May 1, 2025)
- [EUR-Lex — Council Regulation (EC) No 6/2002, consolidated text of 1.5.2025](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02002R0006-20250501) (Arts. 7, 11, 19)
- [USPTO — MPEP 2152, AIA 35 U.S.C. 102(a) and (b)](https://www.uspto.gov/web/offices/pac/mpep/s2152.html) (one-year disclosure exception)
- [USPTO — MPEP 1504, Examination of Designs](https://www.uspto.gov/web/offices/pac/mpep/s1504.html) (35 U.S.C. 171)

## Frequently Asked Questions

### If I deleted the image I shared, is the design considered new again?

No. What matters for novelty is that the design has once been made available to the public; deleting the post, closing the account or withdrawing the product from sale does not undo that fact. The post may have been saved, reshared or archived by others. Deleting it only weakens the evidence in your own hands, so before deleting anything, keep the records showing the date of first disclosure.

### If I later share the same product in different colors, does a separate 12 months run for each post?

As a rule, the period is counted from the date on which the design for which protection is sought, or a version producing the same overall impression, was first made available to the public. Later posts that differ only in minor details such as a shade of color do not start a new period. A new model that genuinely produces a different overall impression, however, is a separate design, and its own date of first disclosure must be tracked separately.

### Does entering a design competition or a school exhibition count as disclosure?

It depends on the terms of entry. If entries are shown in an exhibition open to the public or published in a catalog or on social media, that is disclosure and the 12-month period starts. If entries are sent only to a jury bound by confidentiality and are not published, it may not count as disclosure. Read the publication and intellectual property clauses in the competition rules before entering; if possible, file before you enter.

### What happens if someone copies the design I shared and registers it first?

For an application or registration made by someone who is not the true owner of the design, the SMK allows you to ask the court to transfer ownership to you; as a rule, this claim must be made within three years of publication of the registration, and the time limit does not apply in cases of bad faith. It is also possible to file an opposition with the Office within three months of publication. In both routes, records proving your date of first disclosure are decisive.

### If I file after sharing, does protection start from the date I shared?

No. Registered design protection starts from the date on which the filing date becomes final; the grace period only ensures that your earlier disclosure does not destroy novelty, it does not move protection back in time. Between disclosure and filing, if the design was first made available to the public in Turkey, unregistered protection that works only against copying applies. The right to sue based on a registration can, as a rule, be exercised after the registration is published in the Bulletin.

## Related Resources

- [Design Registration](https://www.webx.net.tr/en/hizmetler/tasarim-tescil): Explains registering a product’s appearance as an industrial design, Locarno classification, multiple applications and protection of up to 25 years.
- [How to Register a Design in Turkey: Novelty Requirement and Filing Steps](https://www.webx.net.tr/en/blog/how-to-register-a-design-in-turkey): How to register a design in Turkey: novelty and individual character, preparing views, EPATS filing, examination, the 3-month opposition period and 2026 fees.
- [Disclosing an Invention Before Filing a Patent: Trade Fairs, Presentations and Investors](https://www.webx.net.tr/en/blog/disclosing-an-invention-before-filing-a-patent): Disclosing an invention at a trade fair, in a paper or to investors before filing: Turkey's 12-month grace period, Europe and the US, a safe-sharing protocol.
- [How to Plan Trademark and Design Protection for Product Packaging Together](https://www.webx.net.tr/en/blog/protecting-packaging-with-trademarks-and-designs): How to protect packaging design: trademarks for name and logo, designs for bottle and label, copyright for artwork, unfair competition for the whole, and timing
- [What Is an NDA (Non-Disclosure Agreement)? When and How to Use One](https://www.webx.net.tr/en/blog/what-is-an-nda): What is an NDA? A confidentiality agreement that stops shared information being used for other purposes. One-way vs mutual NDAs, 10 key clauses and mistakes.
- [How to Protect a Business Idea: Trademark, Patent, Copyright and NDA](https://www.webx.net.tr/en/blog/how-to-protect-a-business-idea): How to protect a business idea: an abstract idea is not protected, its form is. A tool, term and cost table for 7 idea types, from names to trade secrets.
- [Patentability Search vs. Freedom-to-Operate Analysis: What Is the Difference?](https://www.webx.net.tr/en/blog/patentability-search-vs-freedom-to-operate): Why are an FTO analysis and a patentability search separate? Differences in question, scope, country and status, free databases and your options after FTO.