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Who Should Apply for Design Objection and Why?

Who Should Apply for Design Objection and Why?

The design objection process isn’t just for big corporations or seasoned designers—it’s relevant to anyone aiming to protect unique, original product designs under intellectual property law in India. By understanding who should take action and why, you can make smarter choices for your business, brand, or creative output.

Who Should Apply for Design Objection?

  • Individual Creators & Designers
    If you’ve crafted a new product, pattern, or packaging that features unique visual elements, it’s vital to respond to and resolve design objections when applying for registration. Protecting originality ensures your work isn’t copied or exploited by others.

  • Startups and SMEs
    Small and medium businesses with distinctive product designs benefit immensely from design registration. Handling objections strengthens your brand, legal position, and potential to scale. It also builds trust with partners and customers by demonstrating compliance and professionalism.

  • Large Corporations
    Companies launching products at scale know the value of exclusive design rights. Proactively managing objections protects portfolios, ensures market differentiation, and supports licensing or joint ventures.

  • Exporters and Market Expansion Seekers
    Those aiming to sell or license products internationally should thoroughly address design objections for seamless cross-border registration and reduced legal risks.

  • Brand Owners and Digital Entrepreneurs
    Whether physical or digital, unique designs (even UI/UX features or digital product packaging) need protection. Overcoming objections helps secure IP, maintain reputation, and enhance brand equity.

Why Apply for and Address Design Objections?

  • Legal Protection and Business Security
    Addressing objections ensures your design is officially registered, giving you enforceable rights and reducing copycat risks.

  • Brand Trust and Market Value
    Resolved objections signal professionalism and originality to customers and partners, leading to higher market credibility.

  • Growth, Licensing, and Revenue Opportunities
    Only designs registered after clearing objections can be licensed, franchised, or used for expansion—opening up new streams of income.

  • Prevention of Future Disputes
    Early objection management streamlines registration and greatly lessens future legal headaches or costly battles.

  • Compliance and Industry Standards
    Staying ahead of regulatory requirements means smoother operations and adherence to industry best practices.

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FAQs
No. Anyone with a unique design—individual, startup, SME, or corporation—should actively manage objections for protection and commercial advantage.
A Design Objection is a formal communication from the Indian Patent Office, sent after a design application has been filed. It lists the reasons why the application does not meet the legal requirements under the Designs Act, 2000, and thus cannot be granted registration in its current form.
The applicant who filed the original design registration application, or their appointed legal representative (such as an IP attorney or patent agent), must respond to the objection. Failure to respond within the stipulated time will lead to the application being abandoned.
A response is mandatory to address the examiner's concerns and demonstrate that the design is, in fact, eligible for registration. It is your only opportunity to convince the examiner to proceed with the registration of your design.
Common reasons include: 1. Lack of novelty or originality: The design is not new or differs only slightly from a known design. 2. Absence of a clear representation: The drawings or photographs are not clear. 3. Incorrect classification: The design has been filed under the wrong class. 4. Non-registrable subject matter: The design is a mere mechanical device or is not a "design" as defined by the Act.
The response should be a well-drafted and reasoned legal document that directly addresses each point raised in the examination report. It must be supported by legal arguments and, if necessary, an amended set of drawings or an affidavit from the applicant.
The applicant has six months from the date of the examination report to file a response. In some cases, a one-month extension can be requested, but this must be done before the initial six-month period expires.