Designs Rules, 2001
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
his application.
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 registered proprietor.
3. 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 the counter-statement.
4. The applicant may,
after delivery to him of the copy of the registered proprietor’s
counterstatement, leave at the office, evidence by way of affidavits in support
of his case and shall also deliver to the registered proprietor a copy thereof.
5. 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.
6. 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 such evidence.
7. No further statement
of evidence shall be left by either party except by leave of or on requisition
by the Controller.
8. 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 in
duplicate.
9. 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.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10. 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 such hearing.
11. If either party
desires to be heard, he shall give to the Controller a notice in Form 20 of his
intention to attend the hearing.
12. 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 to refer.
13. 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 the parties.
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