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Chapter 5. CANCELLATION

BananaIP Counsels > THE DESIGNS RULES, 2001 > Chapter 5. CANCELLATION

Chapter 5. CANCELLATION

 

 

29. Cancellation of registration of designs under section 19. –

 

 

  • A petition to the Controller for the cancellation of the registration of a design shall be made in duplicate in Form – 8 and shall be accompanied by a statement in duplicate setting out the nature of the applicant’s interest and the facts upon which he bases hisapplication.

 

  • If the petition for the cancellation of the registration of a design is made by person who is not the registered proprietor, a copy of the petition along with the statement shall be transmitted by the Controller to the registeredproprietor.
  • If the registered proprietor intends to oppose the application he shall within a time to be specified by the Controller, leave at the office a counter statement setting out the grounds on which he intends to oppose the application and shall, within the same time, deliver to the applicant a copy of thecounter-statement.
  • The applicant may, after delivery to him of the copy of the registered proprietor’s counter- statement, leave at the office, evidence by way of affidavits in support of his case and shall also deliver to the registered proprietor a copythereof.
  • The registered proprietor may, after delivery to him of the applicant’s evidence, leave at the office evidence by way of affidavits in support of his case and shall also deliver to the applicant a copy thereof.
  • The applicant may, after delivery to him of a copy of the registered proprietor’s evidence, leave at the Office evidence in reply by way of affidavits and shall also deliver to the registered proprietor a copy of suchevidence.
  • No further statement of evidence shall be left by either party except by leave of or on requisition by theController.
  • Where a document is in a language other than English and is referred to in any statement or evidence filed in connection with an petition under section 19 or opposition thereto, an attested translation thereof in English shall be furnished induplicate.
  • The time allowed for filling the counter-statement or for leaving evidence shall ordinarily be one month which may be extended only by a special order of the Controller given on a petition made by party seeking extension of time: Provided that the extension so granted shall in no case exceed three months in aggregate.
  • On completion of the filing of the statement and the evidence referred to sub-rules (3) to (8) or at such other time as he may decide, the Controller shall appoint a hearing of the petition for cancellation and shall give the parties not less than ten days’ notice of suchhearing.
  • If either party desires to be heard, he shall give to the Controller a notice in Form 20 of his intention to attend thehearing.
  • If, at the hearing, either party intends to refer to any publication, he shall give to the Controller and to the other party not less than five days’ notice of such intention, together with the details of the publication to which he intends torefer.
  • After hearing the party or parties desirous of being heard or without a hearing, if neither party desires to be heard or attends the hearing, the Controller shall decide on the petition and the opposition, if any, and notify his decision to theparties.

 

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