DESIGN OPPOSITION
How Are Design Objections Made?
Real and legal persons who make a design application have the right to appeal the institution’s decision within 2 months. Even if there is a situation such as being harmed by the decision of the institution, the applications can be appealed. The institution’s rejection decision and similar design applications can be appealed. Objections to the decision of the institution and objections to registration are examined and concluded by the institution.
In cases of design objection where the institution approves the registration application, the document explaining the reason for the objection should be explanatory. In the appeal applications, the requested documents and legal grounds for objection to publication and objection to the decision of the institution are different. Our company manages the processes of objection to the decision of the institution and the registration decision with the difference of legal expertise. It provides the desired result in a short time.
How Does the Legal Process Work in Design Objections?
Legal processes in design objections operate according to the Industrial Property Law No. 6769. In Article 64 of this law, the period of objection to the institution’s rejection and partial rejection decisions is determined as 2 months. Objections to the decision of the institution are made to the institution with a document and a signed form in which the reasons for the objection are explained in detail.
Objection to registration can be made to the design applications published in the official bulletin. This process is planned according to article 67 of the law. An objection can be made within 3 months after the application is published in the official bulletin. In Design objection procedures, the objection to the institution and registration must be made by experts who are familiar with the legal legislation. Our company concludes design objections in a short time with the difference of legal expertise and experience.
In Which Situations Should Registration Nullify With Design Objections?
Designs that do not comply with the design and product definitions described in the law, do not have distinctive features, do not meet the appearance features, and similar designs may be voided. If the objection to a design application similar or identical to an already existing design is made in an explanatory manner, the registration of this design may be voided.
If it is proved that the real right owner of the design is someone else, design objection is positive. To be able to object to designs, the official design bulletin must be followed. The monthly design bulletin provides data that will enable third parties to object. After design registration, you can also get design follow-up service from our company. You can prevent misleading design applications that will harm the right to design before they take part in the market.