What is a Design Objection?

A Design Objection arises when the Design Office examines a design registration application and finds issues that may prevent the grant of registration. Objections can be based on the novelty, originality, or other legal requirements under the Designs Act, 2000. The applicant is notified of these objections and given an opportunity to respond.

 

Common Grounds for Design Objections

  • Lack of Novelty or Originality: The design is not new or has been previously published or disclosed.

  • Similarity to Existing Designs: The design closely resembles an earlier registered or published design.

  • Non-Registrable Designs: Designs excluded under the law, such as those contrary to public order, obscene designs, or purely functional features.

  • Incomplete or Incorrect Application: Insufficient details, unclear drawings, or procedural defects.

  • Discrepancy in Representations: Differences between the actual design and the drawings or images submitted.

 

What Happens When an Objection is Raised?

  • The applicant receives an examination report detailing the objections.

  • The applicant must file a written response within the prescribed timeframe (usually 3 months).

  • Responses may include arguments, amendments to the design representations, or additional evidence to overcome objections.

  • If the response is satisfactory, the design proceeds to registration.

  • If unresolved, the application may be rejected.

 

How We Help with Design Objections

  • Analyze the grounds of objection and prepare a strong, legally sound response.

  • Assist in amending design representations without compromising the original concept.

  • Draft persuasive arguments supported by relevant precedents and legal provisions.

  • Represent clients during hearings or communications with the Design Office.

  • Provide strategic advice to improve chances of acceptance or consider alternative IP protection.

 

Importance of Timely and Proper Response

Failure to respond adequately or on time to a design objection can lead to rejection of your application, resulting in loss of valuable design rights. Professional assistance can greatly increase the likelihood of overcoming objections.

 

Need Expert Assistance with Design Objections?

Our experienced intellectual property attorneys specialize in addressing design objections efficiently and effectively. Contact us today to safeguard your innovative designs and secure your rights.