Design Oppositions

Design oppositions are formal procedures that allow parties to challenge the registration of a design based on various grounds, such as the existence of prior designs or a lack of originality. This process is crucial for ensuring that only genuinely novel and non-infringing designs receive protection, thus maintaining the integrity of the intellectual property system. Engaging in design oppositions helps prevent market confusion and shields the rights of existing design holders from unfair competition.

At LexGeneris, we offer expert guidance and representation in design opposition proceedings, helping clients protect their design rights from potentially conflicting applications.

Our team assists clients on both sides of the opposition process. If you believe a pending design application conflicts with your rights, we help you file a well-founded opposition. This includes preparing and submitting a detailed notice of opposition, supported by evidence and legal arguments that demonstrate why the application should not be granted. We also represent clients in hearings before IP offices, presenting a robust case to protect their interests.

Conversely, if your design application faces opposition, we offer strategic advice on how to respond effectively. Our services include preparing counterarguments, gathering evidence to defend the design’s novelty and distinctiveness, and representing you in opposition proceedings.

At LexGeneris, we understand the complexities of design oppositions and are committed to securing the best possible outcomes for our clients, whether defending their applications or challenging others.