|"Are you sure we can count on Convention|
priority for our registered Community design
"I would like some comment on the following which has arisen after submitting an application to register a design with OHIM in Spain.
My cousin and I have successfully registered a design in Australia and were told by the IP office that, if our submission was filed in other countries which subscribed to the 'Convention’ within 6 months it would be accepted. However, little did we know that we either had to be domiciled in the European Union or have a registered office there.
We recently received a ‘rejection notice’ because of this situation even though by contrast the Copyright—Design office in Washington has been happy to register our design and actively assisted in the process, which was great.
We are asking a solicitor we know in London to appeal the decision and act as our ‘registered office’ in the future.
Would you or your colleagues care to comment from previous experience, as we found the several people we dealt with in Spain most unhelpful".
Readers' comments are welcome. This blogger feels that, while OHIM can only operate within the parameters of the law, it costs little to soften the blow that any designer (or other IP applicant) feels when told that his application has been rejected for what appears to him to be an arbitrary reason that is irrelevant to the substantive protectability or inherent worth of the application's subject matter.