Intellectual Property / Design / Filing of Opposition

Filing of opposition

What is Design?

A Design can be defined as an ‘outer outlook’ of an article. The Designs Act, 2000 defines it as “only features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article whether two dimensional or three dimensional or both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trademark or property mark or artistic work”. The rightful owner of this intellectual asset is accorded a protection for a total of 15 years. The copyright of the design is initially registered for a period of 10 years, which later can be extended to further 5 years on making an application for renewal. 

The design registration allows a monopoly to the owner of the asset and empowers such owner to legally exclude/disallow others from manufacturing, selling, reproducing and dealing in the registered design without a prior consent from the owner.

What is an opposition in design? 

Design opposition is different from trademark opposition, as Trademark can be opposed by any person after its publication in Journal but before registration, however there is no such concept of opposition in design, it is straightforward cancellation application.A person can file a petition for the cancellation of the design only when the design is officially registered.

 

Procedure for Cancellation of the Design Registration:

  1. The petition for cancellation of a design should be accompanied by a statement and evidence stating the facts setting upon which the petition is filed. The statement should also state the nature of the applicant's interest.
  2. The fact of filing a petition for cancellation of registration of a design is published in the Official Journal.
  3. On receipt of a petition for cancellation, the controller will send a copy of the petition along with statement and evidence to the applicant of the design owner (registered proprietor).
  4. If the registered proprietor wishes to oppose the petition, he has to file at Patent Office, Kolkata, which is called counter statement and evidence, stating the grounds upon which he intends to challenge the cancellation petition, within one month from the date of notice given by the Controller, or actual delivery of a copy to the petition. 

This period of one month is extendable by a maximum of three months, by filing a petition for extension with the required fee.

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