designs:opposition/revocation/invalidity

 

These are all formal proceedings brought before the office that granted the registration to the proprietor. Proceedings of this nature last around 12-14 months before a final decision is given, but much depends on the directions given and the length of any extensions sought by either side leading up to the final hearing.

 

> Opposition

 

An opposition is a proceeding in which one party seeks to prevent the registration of another party's design. There are many legal grounds under which a party can file an opposition.

 

> Revocation

 

An application for revocation can me made where one party believes it has ground to try and remove a design from the official register, such as the USPTO, IPO or OHIM. For example, if a party suspects that a design has not been used in the territory of its registration for the goods and services registered for a certain period of time then the party may succeed with its application for revocation.

 

> Invalidity

 

An application for revocation can me made where one party believes it has grounds to try and remove a design from the offical register, such as the USPTO, IPO or OHIM. For example, if a party believes that the design should be free for the applicant or anyone to use; or the applicant owns a design which is the same or similar to then the design should be removed from the official register.

 

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