Grounds for Challenging Originality

• The design is not new or original in substance.
  
• It has been published in India or any other country before the registration date.
  
• It closely resembles an existing registered design.
  
• It lacks distinct visual features or innovative elements.
  
• It represents a mere mechanical contrivance without aesthetic appeal.
  

Who Can Challenge

• Any person interested or affected by the design registration.
  
• Competitors in the same industry or trade sector.
  
• Prior design owners claiming earlier use or registration.
  
• Legal representatives of the aggrieved parties.
  
• Any party with evidence of prior publication or use.
  

Procedure for Filing a Petition

• A petition for cancellation must be filed with the Controller of Designs.
  
• The application must state the grounds and include supporting documents.
  
• The petitioner must pay the prescribed official fee.
  
• Notice is served to the registered proprietor for response.
  
• The Controller examines the case based on evidence submitted.
  

Evidence Required

• Documents proving prior publication or registration of the design.
  
• Photographs, catalogs, brochures, or digital archives showing earlier use.
  
• Affidavits from witnesses or domain experts.
  
• Reports comparing the challenged design with prior designs.
  
• Market or industry data validating prior public knowledge.
  

Possible Outcomes

• The design registration may be cancelled if the challenge succeeds.
  
• If the Controller finds insufficient proof, the registration remains valid.
  
• Either party may appeal the decision in the High Court.
  
• A cancelled design cannot be enforced against others.
  
• The outcome affects the proprietor’s legal rights and market position.