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Legal service India => Patent laws => Topic started by: kartikpatts on July 24, 2015, 10:18:27 AM

Title: Registered Design, Published on magazine before date of applied for registration
Post by: kartikpatts on July 24, 2015, 10:18:27 AM
Hello,
one company has Registered Design and sent me legal notice to stop selling related machine design.

so after checking on CBR Date on  http://ipindiaservices.gov.in/designapplicationstatus/designstatus.aspx
its CBR DATE   26/04/2013 16:09:07  after checking old magazine i have seen that company did that machine design ads on it before registration its on  15/04/2013.  and that magazine chairman given me latter with that so and so issue magazine published on 8/4/13 and distributed in market between 9/4/13 to 15/04/13 in his company letterhead with sign and seal.
 
so after checking Section 19 in the Designs Act, 2000

19 . Cancellation of registration.
(1) Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:
(a) that the design has been previously registered in India; or
(b) that it has been published in India or in any other country prior to the date of registration; or
(c) that the design is not a new or original design; or
(d) that the design is not registerable under this Act; or
(e) that it is not a design as defined under clause (d) of section 2.
(2) An appeal shall lie from any order of the Controller under this section to the High Court, and the Controller may at any time refer any such petition to the High Court, and the High Court shall decide any petition so referred.

with Designs Act, 2000 Sec. 19  1.B Act  shall i petition  / apply for cancellation of registration that design ????
Title: Re: Registered Design, Published on magazine before date of applied for registration
Post by: advuma on January 18, 2016, 09:37:31 PM
yes you should file for rectification/cancellation of this design
Title: Re: Registered Design, Published on magazine before date of applied for registration
Post by: rajgopal sripathi on March 22, 2016, 11:55:35 PM
Hi
Yes . you can file for cancellation of  Registered design under section  19 b of  Designs Act, 2000

Title: Re: Registered Design, Published on magazine before date of applied for registration
Post by: lexcare on June 09, 2016, 12:28:24 AM
yes you should file for cancellation of this design