Objecting to design registrations
How you can object to a design registration, if you think it will affect your business
If you think that someone has registered or is attempting to register a design wrongly, you have the right to object to it. You can do this in a number of ways.
Rectification of design registration
If you feel that you should be recorded as the joint proprietor of a design, you can apply to the Patents Court for the registration to be corrected. You should send a copy of your objection to the Intellectual Property Offices.
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Cancellation of design registration
If a design was registered before 9 December 2001, you can apply for the registration to be cancelled if:
- it was not new or lacked material differences from an earlier design when it was registered
- there are other reasons for which it could have been refused registration
You can apply for cancellation with the Intellectual Property Office (IPO).
Invalidation of design registration
If the design was registered after 9 December 2001, you can apply to invalidate it if:
- it was not new or lacked material differences from an earlier design when it was registered
- there are other reasons for which it could have been refused registration
You will need to provide a written 'statement of grounds' for invalidation. You do not need to provide evidence, but your statement must say that you have evidence.
The IPO will write to both the registered owner of the design and you, and once all of the evidence has been provided, they will ask if either of you is prepared to concede. If not, a hearing will decide the matter.
Find IPO forms and .