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Avoid These 5 Common Mistakes in Design Objection Filing

Introduction

Filing a design registration is crucial for securing intellectual property rights over creative works, but objections from the authorities can stall or jeopardize this journey. Many of these objections arise from common preventable mistakes, which, if avoided, can clear the path to successful registration. This post highlights five key missteps and offers practical guidance to ensure confident, error-free filing.

Mistake 1: Ignoring Prior Art

Neglecting to research existing designs—known as prior art—often results in objections or outright refusals. Designs that closely resemble previously published or registered works lack the novelty required for protection, leading to legal or administrative setbacks.

  • Always conduct a comprehensive prior art search to confirm originality before filing.

Mistake 2: Providing Inaccurate or Incomplete Information

Small errors or missing details in your application—such as wrong classification, incomplete documentation, or misrepresented design views—can trigger objections and delays.

  • Double-check every form and document, ensuring all images, categories, and technical information are correct and complete.

Mistake 3: Selecting the Wrong Category

Choosing an inappropriate classification for your design can leave it unprotected or expose it to unnecessary scrutiny by the examiner.

  • Review category options and select the one that aligns most closely with your design’s nature and intended use.

Mistake 4: Delaying the Filing Process

Procrastinating on your application increases the risk of infringement by competitors and loss of priority. It may also mean missing statutory deadlines for response or appeal, which can be fatal to your case.

  • Prioritize early filing and respond swiftly to any objection notices to uphold your claim.

Mistake 5: Misunderstanding the Scope of Protection

Designers sometimes misunderstand what aspects of their design are actually protected by registration, assuming legal security is automatic. This oversight can result in missed protection for key design features.

  • Study local laws carefully and seek professional guidance to clarify and maximize your design rights.

Conclusion

The design objection filing process does not have to be daunting. By avoiding these common mistakes—neglecting prior art, providing incomplete information, misclassifying your design, delaying the process, and misunderstanding protection—applicants can greatly improve their odds of smooth and successful registration. Always stay informed, prepared, and proactive for the best results.

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FAQs
The first common mistake is missing the deadline to respond. The applicant has a strict timeline, typically six months from the date of the examination report, to file a legal reply. Failure to file on time will lead to the abandonment of the design application, and it will be permanently rejected.
The second mistake is a poorly drafted legal reply. The reply must be clear, concise, and professionally written. It should directly address each objection raised by the examiner and provide supporting evidence. A generic or unconvincing reply may not satisfy the examiner and can lead to a hearing or the application's rejection.
The third mistake is failing to prove novelty or originality. The most common reason for an objection is that the design is not new or is too similar to an existing design. The applicant must provide strong evidence, such as a prior art search report, to prove the uniqueness of the design.
The fourth mistake is submitting unclear or incomplete drawings. Drawings are the core of a design application. Poor quality, inconsistent, or insufficient views of the design can lead to confusion and a rejection of the application. The drawings must clearly disclose every feature of the design.
The fifth mistake is ignoring functionality. The Designs Act, 2000, protects the aesthetic or visual appearance of an article, not its functionality. If a design is solely dictated by its function, the application will be rejected. You must show that the design has a unique aesthetic appeal that is not dictated by its purpose.