Cancellation of a Registered Design

If you are not using your design, and you think it can be useful for someone else then it is better you cancel the registration of the Design so the person who needs it more than you can get benefit out of it.

The process of cancellation is very simple, any interested person can file a petition to the Registered Controller, where the applicant needs to mention about the cancellation of the design that is registered. This can only be done after the Design is registered with the Patent Office of Design in a prescribed manner. However, there are specific grounds on which the application of cancellation is admitted;

  • The design should be previously registered in India.
  • It can be cancelled if the design is published in India or any other country before the date of registration.
  • The design is unique, exclusive, original and one of its kind.
  • In case the design is not registrable under the Act.
  • It can be also for the statutory time for it is not a design as defined under of section 2(d).

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