Registration, Cancellation & Enforcement of Designs

Design of an article is not registrable in India, if it –

1. is not new or original
2. has been disclosed to the public any where in India or in any other country by publication in tangible form or by use in any other way prior to the filing date or priority date of the application;
3. is not significantly distinguishable from known designs or combination of known designs;
4. comprises or contains scandalous or obscene matter.

Registration of a design can be cancelled on any of the above grounds, in addition to the above-mentioned grounds:-

1. the design has been previously registered in India
2. it has been published in India or in any other country prior to the date of registration.