Nullity of Designs

Unlike the rest of Industrial Property rights, such as trademarks and patents, the designs do not have an administrative opposition procedure. Industrial designs are granted if the formal requirements are met, therefore in order to obtain the rejection of an industrial design, a nullity action must be initiated.

Our status as lawyers allows us to initiate this type of nullity of designs. To initiate a nullity action, it is very important to have reliable evidence that allows either to break with the novelty of the design or with proof that allow us to demonstrate that the design has no singular character or that does not meet the requirements established by the Law The declaration of invalidity of the design is carried out by final judgment and the annulment of the registration of the design will become res judicata.