Prikhodko&Partners
Services
Intellectual property Objection to the registration of an industrial design

E-mail

Objection to the registration of an industrial design

Objection to the registration of an industrial design is an important stage in the protection of intellectual property rights. In this article, we will consider the main aspects of filing objections, the legal grounds and mechanisms for protecting your interests in such cases.

Price of legal support

What is an industrial design and why do objections arise?

An industrial design is the result of creative activity that determines the appearance of a product. It may include shape, ornamentation, color, or a combination of these. Registration of an industrial design grants the owner the exclusive right to use that design and prohibits others from using it without permission.

Objections may arise when:

the design submitted for registration does not meet the criteria for protection;
the applicant infringes the rights of another person;
an identical or similar design already exists, creating a conflict of interest.

Legal grounds for refusal of registration

Objections may be based on the following grounds:

Lack of novelty. A design is considered new if it was not known in the world before the date of filing the application. If there is evidence that such a design has already been used, the registration may be challenged.
Lack of uniqueness. An industrial design must have an individual character and be different from others.
Copyright infringement. If the design copies an existing design protected by copyright, the registration may be declared invalid.
Failure to comply with legal requirements. For example, registering designs that are contrary to public morality, ethics or national interests.

Get legal advice

How to file an objection?

Filing an objection to the registration of an industrial design involves several stages:

Preparation of evidence. Collect documents that confirm your claims, in particular:

descriptions and images of designs;
certificates of registration of rights;
materials proving the use of a similar design earlier.

Writing an application. The application should clearly indicate:

data of the applicant and the object of the objection;
grounds for the objection;
justification of the claims with reference to the legislation.

Filing an objection. The application is filed with the body that deals with the registration of industrial designs, for example, to UKRNOIVI.

Consideration of the objection. The body considers the objection, conducts an examination and makes a decision.

Timeframe and cost of opposition

An opposition can be filed:

within three months from the date of publication of the application;
within a specified period after registration by filing an appeal or through the court.

The cost depends on the complexity of the case, the volume of evidence and the payment for the services of lawyers or patent attorneys.

It will also be useful: Registration of rights to an industrial design

What can a lawyer help with?

A lawyer or patent attorney will help:

assess the prospects of the case;
collect and formalize evidence;
draft a legally substantiated opposition;
represent interests in the body considering the case.

Possible consequences of an opposition

If the opposition is granted, the registration of an industrial design may be:

rejected at the stage of considering the application;

If the opposition is rejected, the applicant may appeal the decision in court or to the UKRNOIVI Appeals Chamber.

Objection to the registration of an industrial design is an important tool for protecting intellectual property rights. Successful resolution of such cases requires in-depth knowledge of the legislation, clear planning, and the availability of substantiated evidence. Contacting qualified specialists from the law firm Prykhodko & Partners will help minimize risks and ensure a successful outcome.

Calculate the cost of services

1 question

Are you interested in an objection to the registration of an industrial design?

Yes

2 question

Are you in Kyiv?

Yes

3 question

Do you need the service urgently?

Yes

You may also need:

International registration of a patent for an industrial design

International patent search

Registration of an international trademark through the Madrid system

Registration of a trademark in the customs register of Ukraine

International Trademark Registration

Patent search in Ukraine

Software copyright registration

Book copyright registration

Registration of trademarks

Consultation of a lawyer on copyright

Protection of trademark rights

Registration of a patent for an invention

Articles on the topic:

20%

discount

If we do not
call back
during the day

Law company

Leave a request for legal assistance right now:

9+ years on the market

70+ professional practitioners

Fixed price

Online / offline consultation

Intellectual property

A claim of improper use of a trademark Accelerated trademark registration in Ukraine Agreement on creation to order and use of the object of intellectual property rights Agreement on the transfer of ownership of a trademark Appealing a refusal to register a trademark in Ukraine Appealing the refusal to register a patent for an industrial design, utility model or invention Barcode registration: how to make a barcode for a product Book copyright registration Brand name registration Brand registration in the USA for business on Amazon (Amazon Brand Registry) Certification of cosmetics (cosmetic products) Commercial concession contract Compensation for copyright infringement Consultation of a lawyer on copyright Copyright lawyer Copyright on project documentation: legal aspects and practical recommendations Copyright registration Copyright transfer agreement Copyrights protection in court Counterfeit lawyer Create License agreement Development of a license agreement for the object of intellectual property rights Development of an agreement on the transfer of rights to intellectual property objects Disposal of intellectual property rights Drafting a Copyright Agreement Entering the object of intellectual property in the customs register Evaluation of intellectual property Fight against counterfeiting and piracy Filing a complaint with the DMCA Industrial design patent Inspection of patent purity Intellectual property infringement Intellectual Property Lawyer Intellectual property protection on the Internet International patent search International registration of a patent for an industrial design International registration of industrial designs International registration of the invention International Trademark Registration Internet piracy lawyer Invalidation of a trademark certificate IP Due Diligence (Audit) for Business Legal protection against product copying Legal protection of the trademark Legal support for continuation of the line of this trademark Logo registration Objection to the registration of an industrial design Objection to trademark registration Obtaining a trademark certificate Patent for a utility model for military purposes (weapons) Patent registration for intellectual property in Ukraine Patent search in Ukraine Patenting an invention (know-how) in Ukraine Plagiarism lawsuit Preparation of contracts in the field of intellectual property Protection against counterfeiting Protection of intellectual property rights Protection of trademark rights Recognition of a trademark as well-known in Ukraine Register a cryptocurrency name Register copyright on poems Register the copyright of the picture Register the copyright of the song Register TM in Ukraine Registration of a patent for an invention Registration of a patent for an invention in Ukraine Registration of a pseudonym of an artist / media personality Registration of a trademark in the customs register of Ukraine Registration of an international trademark through the Madrid system Registration of Copyright for Music Registration of intellectual property Registration of rights to an industrial design Registration of software copyrights Registration of the copyright Registration of the store name Registration of trademarks Response to objection to registration of intellectual property/industrial design Software copyright registration Software licensing Song copyright registration Sublicense agreement TM protection at customs TM registration Trademark check for novelty (plagiarism) Trademark License Agreement Trademark protection in Ukraine Trademark registration Trademark Registration for IT Projects and Startups Trademark registration in China Trademark registration in foreign countries Trademark registration in France Trademark registration in Germany Trademark registration in the USA Trademark registration in Ukraine Transfer of rights and issuance of licenses for the object of intellectual property Transfer of rights to an industrial design Utility model patent – price of patent registration in Ukraine Utility model patent – Utility model patenting in Ukraine Valuation of intellectual property rights Work Copyright Registration