Rule 29 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.
Rule 29 sets out the whole procedure for a petition to cancel a registered design under section 19 of the Designs Act, 2000: the Form 8 petition and statement, the registered proprietor's counter-statement, three rounds of evidence by affidavit, time limits, a hearing and the decision. Whether you are the petitioner or the proprietor, the one-month periods and the order of filing decide how the case runs. If you are on either side, our design objection reply team can prepare the papers.
A petition is made in duplicate in Form 8 with a statement in duplicate of the petitioner's interest and the facts. The Controller sends a copy to the registered proprietor, who files a counter-statement within the time the Controller specifies. Evidence follows by affidavit, in the order: petitioner, proprietor, petitioner in reply. The time allowed is ordinarily one month, extendable only by special order and never beyond three months in aggregate. The hearing needs not less than ten days' notice.
Source note
Rule 29 is read as notified in 2001; the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)) did not change it, but substituted the First Schedule and the Fourth Schedule, which now carry two columns. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. The rule implements section 19 of the Designs Act, 2000. For grounds and the wider process see our guide on cancellation of design registration.
Rule 29(1): the petition
"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." Form 8 is "Petition to cancel registration of design" under section 19. As per the Schedule as substituted in 2021 (entry 9), the fee is Rs 1500 for natural persons, startups and small entities and Rs 6000 for others. Check the current Schedule before paying.
The sequence step by step
| Step | Sub-rule | Who | What |
|---|---|---|---|
| 1 | (1) | petitioner | Form 8 petition and statement, each in duplicate |
| 2 | (2) | Controller | transmits a copy of petition and statement to the registered proprietor (if the petitioner is not the proprietor) |
| 3 | (3) | registered proprietor | counter-statement within the time the Controller specifies; 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; copy to the proprietor |
| 7 | (7) | both | no further evidence except by leave or requisition of the Controller |
| 8 | (10) to (12) | Controller and parties | hearing, notices |
| 9 | (13) | Controller | decision, notified to the parties |
Rules 29(2) and (3): transmission and counter-statement
If the petitioner is not the registered proprietor, the Controller transmits a copy of the petition and statement to the proprietor. If the proprietor intends to oppose, "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 deliver a copy to the applicant within the same time.
Rules 29(4) to (7): evidence
- After the counter-statement, the applicant "may" leave evidence by affidavits; then the proprietor "may" leave affidavit evidence; then the applicant "may" leave evidence in reply by affidavit. Each delivers a copy to the other side.
- "No further statement of evidence shall be left by either party except by leave of or on requisition by the Controller."
Affidavits must follow the form in rule 42 (see our article on rules 41-42).
Rule 29(8): translations
A document in a language other than English that is referred to in any statement or evidence "shall be furnished" with an attested translation in English, in duplicate.
Rule 29(9): time limits
"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." (Drafting slip: "filling" for "filing".) So the time is one month ordinarily, and an extension needs a petition and a special order; the extension, in aggregate, cannot exceed three months. The text does not say whether the three months include the original month. As per the Schedule as substituted in 2021 (entry 26), a petition under rules 29, 40 and 47 for enlargement of time carries Rs 500 (first column) or Rs 2000 (second column); check the current Schedule. Rule 47 also gives the Controller a general power to enlarge time.
Rules 29(10) to (12): hearing
- (10) On completion of the filings in sub-rules (3) to (8), "or at such other time as he may decide", the Controller appoints a hearing and gives the parties "not less than ten days' notice".
- (11) A party who wants to be heard gives notice of intention to attend in Form 20. As per the Schedule as substituted in 2021 (entry 21), Rs 500 or Rs 2000.
- (12) A party who intends to refer to any publication at the hearing gives the Controller and the other party "not less than five days' notice", with details of the publication.
Rule 29(13): decision
"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."
Illustration (invented)
Kunal Appliances files a Form 8 petition against a registered design held by Spark Home Pvt. Ltd., with a statement of its interest as a rival maker and the facts. Spark files a counter-statement within the time specified. Evidence follows in the three rounds. Spark cannot finish an affidavit within the month and petitions for an extension; the Controller may grant it by special order. Kunal files Form 20 for the hearing and, since it will cite a trade journal, gives five days' notice with the details.
What the rule does not say
- It does not say what happens if the registered proprietor files no counter-statement.
- It does not state the grounds of cancellation; those are in section 19 of the Act.
Need help with a cancellation petition?
The one-month periods leave little room for delay on either side. Our design objection reply team can draft the petition or counter-statement, prepare the affidavits and appear at the hearing.
Key takeaways
- The petition is in Form 8, in duplicate, with a statement of interest and facts in duplicate.
- The registered proprietor files a counter-statement within the time the Controller specifies.
- Evidence is by affidavit in three rounds; nothing further without leave or requisition.
- Time is ordinarily one month, extendable only by special order, and never beyond three months in aggregate.
- The hearing needs not less than ten days' notice; five days' notice for any publication cited.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 27-28: inspection of designs and search under section 18
- Rules 30-31: registering designs and alteration of address
- Cancellation of design registration: grounds and process
Disclaimer: Based on the Designs Rules, 2001 as notified and the Designs (Amendment) Rules, 2021, as consulted on 1 October 2026. Other amendments may apply; fees and forms change from time to time. This article is general information, not legal advice; check the official text before acting.