Nullification assessment

Nullification proceedings are concerned with the declaration of invalidity of a design registration. Some official bodies recognise design rights without carrying out a preliminary examination of the novelty and individual character of the design. This does not mean that all registered design rights are valid. Our knowledgeable design attorneys can provide expert assistance in evaluating the validity of a design and advising you specifically in respect of possible nullification proceedings relating to a design. We can also instigate the necessary administrative and legal proceedings to have the design registration of a third party effectively declared null and void, or we can assist you in defending the validity of your design registration.

In the Benelux, only the courts are authorised to take a decision in an action of this type. A lawyer must therefore always be engaged in nullification proceedings of this type in order to defend you if someone wants to have your design registration or someone else's design registration declared null and void. Arnold + Siedsma has its own specialist lawyers in-house, so we can easily offer you efficient and vigorous assistance in an action of this type.

At European level, a procedure of this type can be conducted through the European Design Office. Our experience in conducting procedures through this office, and the experience of our legal department in nullification proceedings before the Benelux court gives us a significant edge when it comes to safeguarding your interests in a situation like this.

In the case of foreign registrations, we call upon our global partner network to obtain advice and conduct possible nullification proceedings abroad. However, we remain involved in the coordination and provide you with regular status updates on your case.