Challenge the Validity of Registration
- Argue that the design is not new or original.
- Provide evidence of prior publication or public use.
- Show that the design lacks distinctive visual features.
- Claim that it is a functional design excluded from protection.
- File a cancellation petition before the Controller of Designs.
Deny Substantial Similarity
- Demonstrate clear visual differences between the two designs.
- Emphasize differences in shape, configuration, or surface treatment.
- Present expert opinions or comparative reports.
- Use consumer perception to argue lack of confusion.
- Point out artistic variations and stylistic changes.
Assert Independent Development
- Prove that the design was independently created.
- Provide development records, design sketches, and timelines.
- Show that the design process was original and uninfluenced.
- Submit affidavits or statements from design team members.
- Emphasize lack of access to the claimant’s design.
Claim Procedural Deficiencies
- Question the standing or ownership of the claimant.
- Challenge errors in their registration or documentation.
- Identify non-compliance in their application process.
- Raise objections to improper classification or filing.
- Highlight any administrative lapses that affect enforceability.
Seek Legal Remedies and Relief
- Request dismissal of the infringement suit based on evidence.
- Apply for a stay order if a cancellation petition is pending.
- Seek a declaration of non-infringement from the court.
- Request costs if the claim is found to be frivolous or malicious.
- Explore settlement or licensing options if commercially viable.



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