Grounds for Cancellation

• Opposition to a design registration in India is handled through cancellation proceedings.
  
• A registered design may be challenged if it lacks novelty or originality.
  
• Cancellation can be sought if the design was previously published in India or abroad.
  
• If the design does not fall within the definition under the Designs Act, 2000, it can be opposed.
  
• Designs that are contrary to public morality or are functional in nature are also challengeable.
  

Who Can File for Cancellation

• Any person interested may file a petition for cancellation of a registered design.
  
• Competitors, stakeholders, or parties affected by the registration can initiate opposition.
  
• There is no restriction that only prior applicants or right holders can oppose.
  
• The petitioner must demonstrate sufficient interest or standing in the matter.
  
• Corporations, firms, and individuals are all eligible to file a cancellation request.
  

Procedure for Filing

• The cancellation petition must be filed using Form-8.
  
• It must be submitted to the Controller of Designs at the Design Office, Kolkata.
  
• The petition must include a statement of grounds for cancellation.
  
• Supporting documents and evidence must be attached to substantiate the claim.
  
• The prescribed fee for filing the petition must be paid at the time of submission.
  

Examination and Hearing

• The Controller examines the petition and may issue a notice to the registered proprietor.
  
• Both parties may be given an opportunity to present written arguments or attend a hearing.
  
• Evidence and counter-statements can be submitted during the proceedings.
  
• The Controller makes a decision based on merit and legal compliance.
  
• The registration may be cancelled, maintained, or modified as a result.
  

Legal Consequences

• If the cancellation is allowed, the design is removed from the Register of Designs.
  
• The registered proprietor loses all rights associated with the cancelled design.
  
• The cancellation decision is recorded and notified publicly.
  
• The aggrieved party may appeal the Controller’s decision to the High Court.
  

The cancellation may open the design for public use and reproduction.