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Can appeal for cancellation of the registration of a design be made? What are the grounds for cancellation?

Can appeal for cancellation of the registration of a design be made? What are the grounds for cancellation?

The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation in Form 8 with a fee of Rs.1500/- to the Controller of Designs on the following grounds:

  • That the design has been previously registered in India.
  • That it has been published in India or elsewhere prior to the date of registration.
  • That the design is not new or original.
  • That the design is not registrable.
  • That it is not a design under Clause (d) of Section 2.

Register of Designs – The Register of Designs is a document maintained by the Patent Office, Kolkata as a statutory requirement.

It contains the design number, date of filing and reciprocity date (if any), name and address of proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee and extract from register may also be obtained on request with the prescribed fee.

Duration of the registration of a design – The term of a registered design is 15 years. Initially the right is granted for a period of 10 years, which can be extended, by another 5 years by making an application and paying a fee of Rs. 2000/- to the Controller before the expiry of initial 10 years period.

The proprietor of design may make application for such extension as soon as the design is registered.


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