Section 31 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.
Section 31 is the remedy for a wrong register. A "person aggrieved" can ask the Controller to make, expunge or vary an entry where an entry has been left out, made without sufficient cause, wrongly left on the register, or contains an error or defect. The Controller may decide any question needed for the rectification, an appeal lies to the High Court, and the Controller may refer the application to the High Court. The section does not let the Controller cancel a registration; that is section 19. For a response or an application, our design objection reply team can help.
On the prescribed application of a person aggrieved by (a) non-insertion or omission of an entry, (b) an entry made without sufficient cause, (c) an entry wrongly remaining, or (d) an error or defect in an entry, the Controller may make, expunge or vary the entry as he thinks fit. He may decide any question necessary to rectify. An appeal lies to the High Court, and he may refer the application to it. A court order is served on the Controller, who rectifies. Cancellation of a registration under section 19 is outside this power.
Sub-section (1): who may apply and for what
"The Controller may, on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of designs of any entry, or by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such register, or by an error or defect in any entry in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify the register accordingly."
| Ground | Plain meaning | Relief |
|---|---|---|
| Non-insertion or omission | An entry that should be on the register is not | Order making the entry |
| Entry made without sufficient cause | An entry was made but should not have been | Order expunging it |
| Entry wrongly remaining | An entry that once stood properly should now be removed | Order expunging it |
| Error or defect in an entry | The entry is wrong or defective | Order varying it |
Points to note.
- Who: "any person aggrieved". The Act does not define the phrase.
- How: "on the application in the prescribed manner"; the Rules prescribe it. See our sibling article on rules 38 to 40.
- The Controller "may": he has a discretion to make "such order ... as he thinks fit".
- The register: the register of designs kept under section 10; see sections 9 and 10.
Sub-section (2): deciding connected questions
"The Controller may in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of a register."
The Controller is not confined to the entry. If, for instance, a dispute arises over whether an assignment was valid, he can decide it so far as "necessary or expedient" for the rectification. The text does not describe the procedure for such a decision, and does not limit the questions. The Rules cover evidence and hearing.
Sub-section (3): appeal and reference to the High Court
"An appeal shall lie to the High Court from any order of the Controller under this section; and the Controller may refer any application under this section to the High Court for decision, and the High Court shall dispose of any application so referred."
Two routes:
- Appeal from "any order of the Controller under this section". Section 36 sets three months from the date of the order for such appeals, excluding the time taken to obtain a copy.
- Reference by the Controller of "any application" to the High Court, which "shall dispose of" it.
Sub-section (4): court order and notice to the Controller
"Any order of the Court rectifying a register shall direct that notice of the rectification be served on the Controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly."
Here "the Court" is the court that makes the rectification order. The Controller then rectifies the register on receiving notice. This links with section 22(5), under which a decree in a piracy suit is sent to the Controller for entry in the register.
Sub-section (5): not a cancellation power
"Nothing in this section, shall be deemed to empower the Controller to make any such order canceling the registration of a design as is provided for in section 19."
Section 31 corrects the register; section 19 cancels the registration of a design on its five grounds. If your real complaint is that a design should never have been registered because it is not new, the route is a petition for cancellation. See our article on section 19. Rectification is for matters like a wrong name, a missing assignment, or an entry that should not be there. The line between the two is the one drawn in sub-section (5), which the text does not elaborate further.
Link with section 30(5)
Section 30(5) bars an unregistered document from being admitted in evidence of title "except in the case of an application made under section 31". So a person who relies on an unregistered instrument may still put it forward in an application for rectification. See our article on section 30.
Illustration (invented)
Harbour Lighting Pvt. Ltd. bought a registered design from its founder, and the deed was signed, but nobody applied to enter it. The register still shows the founder as proprietor. A rival, Kestrel Fixtures, has been sending notices to Harbour's customers in the founder's name. Harbour is aggrieved by the omission of the entry of its title. It applies to the Controller under section 31(1) to make the entry. In that proceeding Harbour can rely on the unregistered deed (section 30(5)). The Controller decides any connected question (sub-section (2)) and orders the entry. If the Controller refuses, Harbour may appeal to the High Court (sub-section (3)).
A different case: Kestrel believes the registered design is not new. Section 31 will not do; sub-section (5) says the Controller cannot cancel under it. Kestrel's route is a petition under section 19.
Need help with a register entry dispute?
Choosing between a clerical correction, rectification and cancellation changes the forum and the outcome. Our design objection reply team can prepare your application or your response and plan any appeal.
Key takeaways
- A person aggrieved may apply to the Controller to make, expunge or vary an entry in the register of designs.
- Four situations are covered: omission, an entry without sufficient cause, an entry wrongly remaining, and an error or defect.
- The Controller may decide any question necessary or expedient for rectification.
- An appeal lies to the High Court, and the Controller may refer the application to it.
- Section 31 does not allow the Controller to cancel a registration; that is section 19.
Read next
- Section 19: cancellation of registration
- Sections 25–29: trusts, inspection of registers, reports and correction of clerical errors
- Sections 32–34: powers of Controller, hearing and directions of Central Government
- Cancellation of design registration: grounds and process
Disclaimer: Based on the Designs Act, 2000 as enacted, as consulted on 1 October 2026. Forms, fees and procedure are set by the Designs Rules, 2001 as amended from time to time. This article is general information, not legal advice; check the official text before acting.