Cancellation of Registration of a Design :

(a) The registration of a design may be cancelled at any time after the registration of the design on a petition for cancellation in Form 8, along with the prescribed fee.

(b) Such petition may be filed at any of the four Patent Offices. Such petitions filed in Offices other than Kolkata, are transmitted to the Kolkata Patent Office. However, at present, all further proceedings of cancellation take place only at Patent Office, Kolkata and hence all communications relating to cancellation petitions are required to be communicated to that office.

(c) The petition for cancellation of registration of a design may be filed on any of the following grounds:

(i) that the design has been previously registered in India;

(ii) that it has been published in India or in any other country prior to the date of registration;

(iii) that the design is not a new or original;

(iv) that the design is not registrable under this Designs Act;

(v) that it is not a design as defined under Section 2(d).