Riddhi Glass Works Ltd., a company engaged in manufacturing decorative glass sheets applied for registration of a particular ornamental pattern used on its glass products under the Designs Act, 2000. The company claimed

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2026
Riddhi Glass Works Ltd., a company engaged in manufacturing decorative glass sheets applied for registration of a particular ornamental pattern used on its glass products under the Designs Act, 2000. The company claimed that the pattern applied to the glass sheets was prepared using a special digital device with semiconductor integrated circuit. The distinctive visual feature on the glass sheet qualified for protection as a registered design and after obtaining registration, the company began manufacturing and selling the glass sheets with this design and marketed it under the name "Falcitab". Sometime later, Siddhi Glass Works Ltd., a company also engaged in manufacturing decorative glass sheets started manufacturing glass sheets with a similar appearance under the Trademark "Falcigo". Riddhi Glass Works alleged that its registered design had been copied and demanded that Siddhi Glass Works must stop manufacturing and selling the alleged infringing products. It also instituted a suit seeking a permanent injunction, contending that Siddhi Glass Works marketing their glass sheet under the name "Falcitab" bore a deceptively similar resemblance to its glass sheet under the trademark "Falcigo". It was asserted that the phonetic and structural similarity between the two marks created a substantial likelihood of confusion, thereby facilitating the possibility of passing off its product. Siddhi Glass Works Ltd., however, disputed the claim and filed a petition before the appropriate authority seeking cancellation of the design registration. It contended that the design in question was not new or original at the time it was registered because similar designs had already been published in a foreign catalogues and documents before the date of registration in India. They argued that these publications were accessible to the public and therefore amounted to prior disclosure of the design. Based upon the facts of the case, answer the following questions: State the grounds and procedure for cancellation of design under the Designs Act, 2000.

Answer & Explanation:

Answer 4(c) Cancellation of Registration of a Design Under Section 19 of the Designs Act, 2000, any person interested or the registered proprietor can file a petition to cancel a registered design. The procedure involves submitting a formal petition, leading evidence and attending the hearing before the Controller of Designs. 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, under Rule 9 along with the prescribed fee. The petition for cancellation of registration of a design may be filed on any of the following grounds: (i) Prior registration the design has been previously registered in India, international registration is not a ground for cancellation; (ii) Prior Publication it has been published in India or in any other country prior to the date of registration; (iii) Lack of novelty or originality the design is not a new or original; (iv) Statutory violation the design is not registrable under this Designs Act; (v) Non Registrable it is not a design as defined under Section2(d). Procedure for Cancellation of Design The petition for cancellation shall be accompanied by a statement and evidence setting out the facts based upon which the petition is filed. The statement shall also state the nature of applicant 's interest so as to determine, whether the petitioner is a person interested. The fact of filing of a petition for cancellation of registration of a design is published in the Official Journal. On receipt of a petition for cancellation, the Controller shall send a copy of the petition along with statement and evidence to the registered proprietor at the earliest. If the registered proprietor desires to oppose the petition, he shall file at Patent Office, Kolkata, a counter statement and evidence, if any, setting out fully the grounds upon which he intends to oppose the petition, within one month from the date of intimation by the Controller, and deliver a copy to the Petitioner, simultaneously. This period of one month is extendable by a maximum of three months, by filing a petition for extension with the required fee. After receipt of counter statement and evidence, if any, from the registered proprietor, the Petitioner may file his reply statement and evidence, by way of affidavits, within one month from the date of delivery of the registered proprietor 's counter statement and evidence. Reply evidence of the petitioner shall be strictly confined to matters in the evidence of the registered proprietor. This period of one month is extendable by a maximum of three months, by filing a petition for extension with the required fee. The petitioner shall deliver a copy of his reply statement and evidence to the registered proprietor, simultaneously. No further evidence shall be delivered by either party, except with the leave or direction of Controller. Where a document is in a language other than English and is referred to in any statement or evidence, an attested translation thereof in duplicate in English should be furnished. After completion of the filing of statement and evidence by the Petitioner and Registered Proprietor, the Controller shall give at least ten days' notice for hearing. On receipt of the notice of hearing, if either party desires to be heard, a notice of intention to attend the hearing shall be filed in Form 20. The Controller may refuse to hear any party which has not given such notice and fee. If either party intends to rely on any publication at the hearing, not already mentioned in the petition for cancellation, statement or evidence, he shall give to the other party and to the Controller a notice of his intention to do so, together with details of such publication. Such notice shall be given at least five days in advance. After hearing the parties, or if neither party desires to be heard, then without a hearing, the Controller shall decide the petition and issue a speaking order. The decision of Controller shall be notified to the parties and shall be published in the Official Journal. Subsequent entries, if necessary, shall be made in the Register of Designs. [Section 19, Rule 29].

Topics: Designs

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