Cancellation of Designs

1. Can a design application or a registered design be opposed?

Only a registered design can be opposed. There is no provision to oppose a design application.

2. What are the grounds for cancellation of a registered design?

Cancellation petitions are filed under Section 19 of the Designs Act, 2000. Following grounds are available:

• the design has been previously registered in India;
• the design has been published in India or in any other country prior to the date of registration;

• the design is not a new or original;
• the design is not registrable under this Designs Act;
• design is not in accordance with “design” as defined under Section 2(d).

3. What is the prescribed time for opposing a design?

A design may be opposed by filing a cancellation petition anytime during the subsistence of copyright in the design.

4. Will the Design Office publish the cancellation of design?

Yes. The Design Office publishes the outcome of a cancellation proceeding of a design.

5. Requirements Before Delivery on Sales

1. Should the design registration number be marked or embossed on the product?

Yes, it is recommended to identify the design registration number on the product. If the registered proprietor fails to mark an article, he may not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design.

Also, if the proprietor fails to mark the product, he may have to additionally prove that he took all proper steps to ensure the marking of the article, or that the infringement took place after the alleged infringer knew or had already received a notice of the existence of copyright in the design.

2. How should the proprietor mark the articles to indicate design registration?

To mark the article, any of the following words can be stated or embossed on the article:

• REGISTERED;
• ;
• RD, and
• the registration number

However, it is not necessary to mark the articles as required above in:

• textile goods in which the design is printed or woven, other than handkerchiefs; and
• articles made of charcoal dust, which are brittle and which are not sold in a single piece.