Opposition

Through a legal process known as “design opposition,” third parties can contest a design’s registration at any point throughout the inspection process or soon after it is published. Usually, a design registration application is made public and open to objections by publishing it in an official journal or gazette. Competitors and other interested parties may submit an opposition if they feel the design violates their rights or isn’t unique. Opposition may be based on the design’s lack of uniqueness, previous usage of an identical design, or failure to comply with design registration regulations. A formal notice must be filed, evidence must be presented, and arguments must be made in front of an appropriate body, such as an intellectual property tribunal or the patent office, throughout the opposition procedure. By successfully challenging a design registration, one can ensure that only really original and novel designs are awarded legal protection, protecting the interests of the opposing party.

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