Form 8 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A petition to cancel the registration of a design is made to the Controller in Form 8 under rule 29 of the Designs Rules, 2001, for the grounds in section 19 of the Designs Act, 2000. This page was earlier titled "Form 5: Design Cancellation Petition", but in the Second Schedule Form 5 is the form for inspection of a registered design under section 17(1), not for cancellation. If you want to challenge a registered design or defend one, our design objection reply team can prepare the petition or the counter-statement.
The petition goes in duplicate in Form 8, with a statement in duplicate setting out the nature of the applicant's interest and the facts (rule 29(1)). Section 19(1) lists five grounds. The registered proprietor files a counter-statement within the time the Controller specifies, then evidence follows by affidavit (rule 29(3) to (6)). The time allowed is ordinarily one month, extendable only by special order and never beyond three months in aggregate (rule 29(9)). The fee for Form 8 is Rs. 1,500 for a natural person, startup or small entity and Rs. 6,000 for others, as per the Schedule as substituted in 2021; check the current Schedule.
What Form 5 is actually for
Rule 27 says registered designs are open to public inspection after notification in the Official Gazette, and the application with the representation may be inspected on a request made in Form 5. Section 17(1) allows any person, during the existence of copyright in a design, to inspect it in the prescribed manner on furnishing information that identifies the design and paying the prescribed fee. The fee for Form 5 in the 2021 Schedule is Rs. 500 for natural persons, startups and small entities and Rs. 2,000 for others; check the current Schedule. So inspecting a design before you decide to challenge it is Form 5, and the challenge itself is Form 8. See rules 27 and 28: inspection of designs and search under section 18 and sections 17 and 18.
Who can petition and on what grounds
Section 19(1) says any person interested may present a petition for cancellation at any time after the registration of the design, on any of these grounds:
| Ground | Section 19(1) |
|---|---|
| Previously registered in India | (a) |
| Published in India or elsewhere before the date of registration | (b) |
| Not a new or original design | (c) |
| Not registrable under the Act | (d) |
| Not a design as defined in section 2(d) | (e) |
Section 19(2) says an appeal lies from any order of the Controller under the section to the High Court, and the Controller may at any time refer a petition to the High Court. The section is explained in section 19: cancellation of registration, and the grounds and process in cancellation of design registration.
The procedure under rule 29
| Step | Rule 29 | Who | What |
|---|---|---|---|
| 1 | (1) | Petitioner | Form 8 petition and statement, each in duplicate |
| 2 | (2) | Controller | If the petitioner is not the registered proprietor, sends a copy of the petition and statement to the proprietor |
| 3 | (3) | Registered proprietor | If he intends to oppose, leaves a counter-statement of grounds within the time the Controller specifies, and delivers a copy to the petitioner |
| 4 | (4) | Petitioner | Evidence by affidavit, copy to the proprietor |
| 5 | (5) | Registered proprietor | Evidence by affidavit, copy to the petitioner |
| 6 | (6) | Petitioner | Evidence in reply by affidavit |
| 7 | (7) | Both | No further evidence except by leave or on requisition by the Controller |
| 8 | (10), (11) | Controller, parties | Hearing on not less than ten days' notice; a party wishing to be heard gives notice in Form 20 |
| 9 | (13) | Controller | Decides the petition and notifies the decision |
Documents in a language other than English that are referred to in a statement or evidence must be furnished with an attested translation in English, in duplicate (rule 29(8)). If either party intends to refer to a publication at the hearing, rule 29(12) requires not less than five days' notice to the Controller and the other party. The rule is read in detail in rule 29: procedure for cancellation of registration.
Time limits
Rule 29(9) says the time for the counter-statement or for leaving evidence is ordinarily one month. It may be extended only by a special order of the Controller on a petition by the party seeking extension, and the extension granted cannot exceed three months in aggregate. Under rule 8, the section 19 petition must be dated and signed at the foot with a statement that the facts stated are true according to the signatory's knowledge, information and belief.
Fees as per the 2021 Schedule
Form 8 costs Rs. 1,500 for a natural person, startup or small entity and Rs. 6,000 for others; the Form 20 hearing notice costs Rs. 500 and Rs. 2,000. These are as per the Schedule as substituted in 2021; check the current Schedule. See fees for registration, renewal and other matters.
Draft and preparation
State the petitioner's interest, the registration number and class, and the ground relied on. Our design cancellation petition draft gives a structure. Collect proof of prior publication or registration before filing, because no further evidence is allowed after the three rounds except by leave.
Common mistakes
- Filing "Form 5" because the older title said so. Form 5 only requests inspection.
- Filing the petition in a single copy. Rule 29(1) asks for duplicate copies.
- Omitting the statement of interest and facts.
- Not giving notice in Form 20 of the intention to attend the hearing.
Need help with a design cancellation petition?
A cancellation turns on the ground chosen and the evidence of prior publication or registration. Our design objection reply service can prepare the Form 8 petition or the counter-statement, and handle the affidavit rounds and the hearing.
Key takeaways
- The cancellation petition is Form 8 (rule 29), not Form 5.
- Form 5 is a request to inspect a registered design (rule 27).
- Section 19(1) lists five grounds; appeal lies to the High Court under section 19(2).
- The one-month periods in rule 29(9) extend only by special order, up to three months in aggregate.
Read next
- Rule 29: procedure for cancellation of registration
- Section 19: cancellation of registration
- Rules 27 and 28: inspection and search
- Cancellation of design registration: grounds and process
Disclaimer: Based on the Designs Rules, 2001 as notified in 2001 and amended in 2021 (G.S.R. 45(E)), and the Designs Act, 2000, as consulted on 1 October 2026. Later amendments, forms and fees should be checked in their current form. This article is general information, not legal advice.