Can the Registration of a Design be Cancelled?

By Trademark Bazaar - 7th October 2017

Can the Registration of a Design be Cancelled?

An application for design registration cancellation can be made based on certain criteria. On being satisfied by the application made the controller may cancel the design registration granted.  

A design registration once granted is valid for the time period of 10 years and further extension of 5 years can be sought. Till the period of 15 years, the holder of the design registration enjoys the exclusive rights to the design. However, the registration of a design may be canceled at any time after the registration of the design, on a petition for cancellation. The petition shall be filed in form 8 with prescribed fee to the Controller of Designs due to the following reasons-

1. When the design has been previously registered in India

2. That it has been published in India or elsewhere prior to date of registration

3. The design is not new or original

4. Design is not eligible to get registered

5. It is not a design under Clause (d) of Section 2.

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