- Patentability/Novelty Searches
- Freedom-to-operate (FTO) Search
- Validity/Invalidity Search
- Foreign Filing License (FFL)/Permission for Foreign Filing
- Patent Drafting
- Patent Filing & Prosecution in India
- Office Action Response
- PCT International Application
- PCT National Phase Filing & Prosecution
- Patent Filing & Prosecution in Foreign Countries
- Patent Opposition/Revocation
- Patent Watch
- Patent Renewal & Restoration
- Design Patentability/Registrability Search
- Design Invalidity Search
- Freedom-to-operate (FTO) Search [for Design]
- Design Patent Registration in India
- Design Patent Registration in Foreign Countries
- Design Opposition/Cancellation
- Design Watch
- Design Extension/Renewal
Design Opposition/Cancellation
Design cancellation is a process that allows for the removal of a registered design from the register if it fails to meet specific statutory requirements. Any person interested can file a petition for the cancellation of a registered design. The petition is filed with the Controller of Designs, specifying the grounds for cancellation and supported by necessary evidence.
Design cancellation serves as a critical check in the design registration system. It helps prevent the misuse of the registration process by ensuring that only truly novel and original designs are protected. This mechanism is essential for maintaining a competitive and fair market environment, encouraging innovation and creativity by protecting genuine design rights.
For businesses, design cancellation can be a strategic tool to invalidate competitors’ designs that do not meet legal standards, thereby clearing the path for legitimate designs. It also protects businesses from potential legal disputes and infringement claims based on invalid design registrations.
We at Delhi IP have Design Attorneys who have extensive experience in assisting our clients in filing and fighting design cancellation proceedings. We also have extensive experience in defending Our Client’s design in cancelation proceedings wrongfully initiated by third parties.