Process for Design Objection – Hellaw IP
When you apply for the registration of a design in India, the Controller of Designs examines your application to ensure it meets all legal requirements under the Designs Act, 2000. If the examiner finds any issues, they may raise an objection. At Hellaw IP, we guide you through the complete process to overcome such objections efficiently.
What is a Design Objection?
A design objection is an official communication from the Patent Office pointing out discrepancies, missing information, or legal non-compliance in your design application. It does not mean your application is rejected—it simply means you must clarify, amend, or respond within the given time frame.
Step-by-Step Process for Design Objection at Hellaw IP
1. Receiving the Examination Report
Once your application is filed, the Design Office examines it and issues an Examination Report if there are any objections.
Common reasons for objection include:
Similarity with an existing registered design.
Lack of novelty or originality.
Incorrect or incomplete classification.
Missing documents or wrong formats.
2. Detailed Review & Analysis
Our team of IP experts carefully reviews the objection points mentioned in the examination report to understand the legal and technical aspects. This helps in preparing a strong and targeted response.
3. Preparing the Response
We draft a comprehensive reply to the objection, which may include:
Clarifications regarding novelty and uniqueness.
Legal arguments supported by case laws.
Corrections in the application form or documents.
Revised representations or drawings, if required.
4. Submission to the Design Office
The reply is submitted to the Controller of Designs within the stipulated six months (extendable by three months) from the date of the objection.
5. Hearing (if required)
If the Controller requires further clarification, a hearing is scheduled. We represent you professionally to defend your application and ensure your design rights are protected.
6. Final Decision
If the Controller is satisfied with the response, the design will be accepted and proceed to registration. If not, further steps can be taken, including appeals.
Why Choose Hellaw IP?
Expert Legal Team: Experienced in handling complex design objections.
Timely Action: We ensure deadlines are never missed.
End-to-End Service: From filing to final registration.
Transparent Communication: You’re always informed at every step.
📞 Contact Hellaw IP today to protect your unique designs and respond to objections with confidence.
