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Can the Registration of a Design be cancelled?

Can the Registration of a Design be cancelled?

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. 1,500/-to the Controller of Designs on the following grounds – 

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

Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chen-iical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.






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