Please enable JavaScript.
Coggle requires JavaScript to display documents.
An Opposition to a Design Application [Section-19] - Coggle Diagram
An Opposition to a Design Application [Section-19]
1. Eligibility for Filing an Opposition
Any person interested
2. Grounds for Opposition
Not Registrable
: The design does not meet the requirements for registration (e.g., it is not a design that can be applied to an industrial product or is merely functional).
Prior Disclosure
: The design was published or made public before the application date.
Lack of Novelty
: The design is not new or original.
Contravention of the Act
: The design violates provisions of the Designs Act (such as prior public use or copying another registered design).
3. Time Limit for Filing Opposition
must be filed within
four months from the date of advertisement of the design in the official journal
published by the Controller of Designs.
4. Filing the Opposition
Form - 7
a) The
name and address
of the opponent.
b)
Details of the design
against which the opposition is filed (e.g., application number and the title of the design).
c)
Grounds for opposition
(with a brief description of why the design should not be registered).
d)
Supporting evidence
: Documents or other evidence that support the opposition, such as prior publications, pictures, or proof of prior use
e) The
opposition fee
should be paid along with the filing.
5.Examination of the Opposition
a) The
Controller of Designs
will examine the opposition and the design application.
b) The
design applicant
will be notified of the opposition and will have the opportunity to file
a counter-statement within two months from receiving the opposition.
c) The
applicant’s counter-statement
should include their
defense against the opposition and any supporting documents.
6. Reply to Counter-Statement
the opponent can respond to it, typically
within two months of receiving the counter-statement.
7. Hearing
Both the
opponent
and the
applicant
may present their arguments before the Controller
8. Decision
The
Controller of Designs will issue a decision
after reviewing the opposition and any responses or hearings.
9. Appeal Process
If either the
opponent or the applicant is dissatisfied
with the decision of the Controller, they can appeal to the
High Court within three months of the Controller’s decision
.
10. Post-Decision Actions
A) If
the opposition is rejected and the design is registered
, the design owner can enforce their rights against infringement.
B) If
the opposition is successful, the design application will not be registered
, and the design will not receive protection.