Design Objection

1. Grounds for Objection:

    1. Novelty and Originality:
      • An objection can be raised if the design lacks novelty or originality.
      • Novelty refers to the absence of prior public disclosure before the application date.
      • Originality pertains to the uniqueness and creativity of the design.
    2. Functionality:
      • Designs primarily serving a functional purpose are ineligible for protection.
      • Aesthetic features, distinct from functionality, qualify for design protection.
    3. Formal Requirements
      • Compliance with formalities is essential.
      • Ensure proper filing, accurate classification, and appropriate design representations.

2. Opposition Notice:

    • Interested parties (including competitors) file an opposition notice within three months of the design application’s publication.
    • The notice outlines objections, citing legal grounds.
    • The registrar notifies the applicant of the opposition.

3. Counterstatement:

    • The applicant responds with a counterstatement.
    • The counterstatement addresses objections raised in the opposition notice.
    • It must be well-reasoned and legally sound.
    • Failure to submit a counterstatement may result in the forfeiture of the application.

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  • Response to Office Action
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