Oppose a design registration
If you believe that a design should not have been registered, you can file opposition to the registration.
To keep in mind when you file opposition
As the opposition filer, it is you who must present evidence that the registered design does not meet the requirements. PRV conducts no investigation of its own. We make a decision based on the material we receive from you and the design holder.
If you want to oppose a design registration, you must send your opposition to PRV within two months of the registration date.
The opposition may mean that the registered design is revoked, entirely or to a certain extent. When an opposition is received by PRV, we send a copy of it to the holder who is given the opportunity to comment on the opposition.
You can expect a decision within around three months after the end of correspondence between the parties (the opposition filer, the design holder and PRV).
You can appeal PRV’s decision with the Patent and Market Court (PMC).
Examples of grounds for opposition
- The requirement of being new or distinctive is not met.
- The holder does not have the right to the registered design.
- There is something in the design that is an impediment to design rights under the Design Protection Act.
Evidence that the design is not new, or that it is not distinctive, may, for example, be a previously registered right, printed materials or screen shots. Printed matter or screen shots must contain an exact image of the design. The date for when the design was published must also be indicated. If you send a screen shot from a website, an exact web address must be shown.
Who can file opposition?
Virtually anyone can oppose a design registration, but some opposition may by law only be filed by people who have a particular interest and reason to do so.
- If a registered design conflicts with an earlier design, or if a registered design contains somebody else’s company name, trademark, artist name or surname, only the person who owns that right may file opposition.
- If the design contains so-called official marks or adjoining rights, only a person that considers themselves to be affected may file opposition.