INDUSTRIAL DESIGN- OPPOSITION AND CANCELLATION OPPOSITION

Introduction

An opposition can be filed, but within three months from the date of publication of the Industrial design, in manner as prescribed in the Regulation.

The opposition can be filed by:

• The registered holder of an earlier Industrial design

• Applicant of an earlier Industrial design

• A person holding copyright in that work

• A person holding copyright in the work identical to the published design 

• Any natural person whose name or family name is identical to that of design

• A holder of an earlier industrial property right

• A person having a Trade name identical to the design [Article 24]

The opposition applicant must be eligible under Article 24 and provide proper documentation in the prescribed time. If the applicant satisfies the above requirements, the office shall notify the applicant of Industrial design to declare the reason for opposition, in the comments offering the opposition, within 30 days.

On the basis of the reason of opposition, the office may refuse the opposition, if the reason of opposition seems to be unjustified. If the reason for the opposition seems to be valid enough, it shall refuse the Industrial design application and an examination procedure shall begin thereafter. 

Cancellation

A registered Industrial Design can be cancelled at any time on the Grounds of:

• If the Industrial design has been previously registered

• If the Industrial Design has previously been published in India or abroad.

• If it is not original and new

• If the Design does not come under Section 2(d)

In case of cancellation, FORM 8 has to be filed along with the prescribed fees at the Patent Office located in Kolkata.