Design Objection Services - A2Z FINEDGE

Handle Design Objections with Expert Guidance

At A2Z FINEDGE, we specialize in providing comprehensive solutions for addressing design objections, whether you are filing an objection against someone else’s design or responding to an objection raised against your own design. Our team of CAs, CSs, Advocates, Lawyers, and MBAs is here to guide you through both scenarios and protect your intellectual property effectively.

What is a Design Objection?

A design objection is a challenge or opposition raised during the examination or post-registration stages of a design registration application. These objections can arise due to various reasons, such as lack of novelty, similarity to existing designs, or failure to comply with the provisions of the Designs Act, 2000.

Who Can Raise a Design Objection?

1. Design Office Examiner:
• During the examination process, the Design Office may raise objections based on non-compliance with the requirements of the Designs Act.
2. Third Parties:
• After publication of the design, any person who believes that the design infringes on their existing rights can file an objection or opposition.

Scenarios We Handle

1. If Your Design Faces an Objection

Objections raised by the Design Office or third parties can delay your registration process. Common reasons for objections include:

• Lack of originality or novelty.
• Similarity to an already registered design.
• Misclassification of the design.
• Non-compliance with the eligibility criteria under the Designs Act.

Our Services:

1. Detailed Analysis:
• We analyze the objection raised and provide clarity on the grounds of objection.
2. Drafting Responses:
• Prepare a detailed and well-structured reply to the Design Office or the third-party objection.
3. Filing Supporting Evidence:
• Gather necessary documents, prior design search reports, and other evidence to strengthen your response.
4. Legal Representation:
• Represent you in hearings or discussions with the Design Office or opposing parties.

2. If You Wish to Object to a Design

If you believe that a registered design or a design application infringes on your existing rights, you have the right to file an objection.

Our Services:

1. Prior Design Search:
• Conduct a thorough search to identify conflicts with your intellectual property rights.
2. Drafting Objection Notice:
• Draft a comprehensive objection notice, citing relevant legal provisions and evidence.
3. Representation in Hearings:
• Represent you during hearings or discussions to defend your objection.
4. Follow-Up Support:
• Provide ongoing updates and ensure timely resolution of the objection.

When to Reply to Design Objection?

Timely action is crucial when responding to a design objection. The general guidelines for responding include:

1. Response to Examiner’s Objection:
• The Design Office typically allows a timeframe of 30 days from the date of issuance of the objection report to file a response. Extensions may be requested in some cases.
2. Response to Third-Party Objections:
• If a third party raises an objection post-publication, the response must be filed within the stipulated time mentioned in the objection notice, usually 2-3 months.
3. Importance of Prompt Response:
• Failure to respond within the specified timelines can lead to rejection or adverse decisions on your application.

At Filingscenter, we ensure that all responses are filed promptly and accurately to avoid unnecessary delays in your design registration process.

Common Grounds for Design Objections

1. Lack of Novelty:
• The design is not new or has already been disclosed to the public.
2. Similarity to Existing Designs:
• The design closely resembles a previously registered design or application.
3. Non-Compliance with Design Definition:
• The design does not meet the definition under the Designs Act, such as being purely functional.
4. Incorrect Classification:
• The design is not classified correctly as per the Locarno Classification system.
5. Misuse of Protected Symbols:
• Use of national flags, emblems, or other prohibited symbols.

Documents Required for Handling Design Objections

To respond to or file a design objection, the following documents are typically required:

1. Detailed Explanation of the Case:
• Description of the grounds for objection or response.
2. Supporting Evidence:
• Prior design search reports, technical details, or photographs.
3. Power of Attorney:
• Authorization for us to represent you in the objection process.
4. Proof of Existing Rights (if applicable):
• Ownership documents or prior registrations related to the conflicting design.
5. Objection Notice or Examination Report:
• Copy of the objection notice received or being filed.

How A2Z FINEDGE Assists in Design Objection Cases

1. Expert Legal Assistance:
• Our experienced professionals assess the case and provide strategic advice.
2. Customized Solutions:
• Tailored responses and objections to align with your business goals.
3. Timely Filing:
• Ensure all objections and responses are filed within the stipulated deadlines.
4. Transparency:
• Regular updates and clear communication throughout the process.
5. Cost-Effective Services:
• Affordable pricing without compromising on quality.

Why Choose A2Z FINEDGE?

1. End-to-End Support:
• From drafting objections to representing you in hearings, we handle it all.
2. Proven Track Record:
• Successfully resolved numerous design objection cases for our clients.
3. Expert Team:
• Backed by experienced professionals in intellectual property law.
4. Client-Centric Approach:
• Focus on achieving the best possible outcome for you.
5. 24/7 Assistance:
• Dedicated support to address your queries and concerns.

Get Assistance Today!

Whether you are responding to a design objection or filing one against a conflicting design, A2Z FINEDGE is here to assist you. Our team ensures a smooth resolution while safeguarding your intellectual property rights.

Contact us today to get started!