Design Cancellation Petition -- Draft Template

                    BEFORE THE CONTROLLER OF DESIGNS
                    PATENT OFFICE (DESIGNS WING), KOLKATA

              PETITION FOR CANCELLATION OF REGISTRATION OF DESIGN
        (Under Section 19 of the Designs Act, 2000 read with Rule 29
                 of the Designs Rules, 2001 — Form 8)

Cancellation Petition No. ____ of 20__

IN THE MATTER OF Design Registration No. [______] dated [DD-MM-YYYY]
in Class [__] in respect of the article "[Name of Article]"
registered in the name of [Registered Proprietor];

AND IN THE MATTER OF a petition for cancellation thereof.

________________________________________________________________________

[Name of Petitioner],
[S/o/D/o ___ / a company incorporated under the Companies Act, 2013,
CIN ___], having its address / registered office at [Full Address]
                                                        ... PETITIONER

                              VERSUS

[Name of Registered Proprietor],
[Address]                                    ... REGISTERED PROPRIETOR

________________________________________________________________________

To,
The Controller of Designs,
Patent Office (Designs Wing), Kolkata.

The above-named Petitioner most respectfully submits as under:

1.  LOCUS / INTEREST: The Petitioner is a "person interested" within the
    meaning of Section 2(f)/19 of the Designs Act, 2000, being [a
    manufacturer/trader of similar articles / prior user / prior
    registrant] and is aggrieved by the registration referred to above.

2.  IMPUGNED REGISTRATION: The Respondent is the registered proprietor
    of the design registered under No. [______] dated [Date], Class
    [__], in respect of the article "[Article]" (the "impugned Design").

3.  GROUNDS FOR CANCELLATION (Section 19(1)): The registration is liable
    to be cancelled on the following grounds:
       (a) that the design has been PREVIOUSLY REGISTERED in India
           [vide Design No. ___ dated ___] — Section 19(1)(a);
       (b) that the design has been PUBLISHED in India or elsewhere
           prior to the date of registration [particulars: publication/
           catalogue/website/journal dated ___, at ___] — Section
           19(1)(b);
       (c) that the design is NOT NEW OR ORIGINAL — Section 19(1)(c) —
           being a mere trade variant / prior art [particulars: ___];
       (d) that the design is NOT REGISTRABLE under this Act [being a
           mode/principle of construction / dictated solely by function
           / lacking eye-appeal / includes trademark/property mark] —
           Section 19(1)(d);
       (e) that the design is NOT A "DESIGN" as defined in Section
           2(d) — Section 19(1)(e).

4.  PARTICULARS OF PRIOR ART / PUBLICATION: [Give full particulars of
    each anticipation relied upon — earlier registration numbers, dates
    and countries of prior publication, catalogues, product listings,
    URLs, and copies annexed as Exhibits P-1 to P-__.]

5.  The impugned Design ought never to have been registered and its
    continuance on the register is wrongful and prejudicial to the
    Petitioner and to the public interest.

6.  This petition is being filed in the prescribed FORM 8 accompanied by
    the prescribed fee and a Statement of Case and evidence in support.

7.  No other petition on the same grounds is pending, to the knowledge
    of the Petitioner.

PRAYER:
The Petitioner therefore most respectfully prays that this Hon'ble
Controller may be pleased to:
   (i)   CANCEL the registration of Design No. [______] under Section 19
         of the Designs Act, 2000;
   (ii)  award the COSTS of this petition to the Petitioner; and
   (iii) pass such other order(s) as the Hon'ble Controller may deem fit
         in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL EVER PRAY.

Place: [City]
Date : [DD-MM-YYYY]
                                          ____________________
                                          Petitioner /
                                          Through [Advocate / Agent / PA]
                                          [Name, Address, Reg. No.]

VERIFICATION:
I, [Name], the Petitioner above named, do hereby verify that the contents
of paragraphs 1 to 7 above are true to my knowledge, and the contents of
the prayer are my humble submission. Verified at [City] on this [Day] day
of [Month, Year].
                                          ____________________
                                          Petitioner

Annexures / Exhibits:
   Exhibit P-1: Certified copy of the impugned Design registration.
   Exhibit P-2: Evidence of prior registration / prior publication.
   Exhibit P-3: Statement of Case.
   Exhibit P-4: Power of Attorney (Form 21), if filed through agent.