Guidance

Design: invalidation or cancellation

Invalidation or cancellation, is the legal process which allows anyone to try and remove a design from our register

• From: Intellectual Property Office
• Published: 8 October 2018

Documents

Design: invalidation or cancellation

HTML

Details

If the design was registered before 9 December 2001 you may apply to cancel it. The grounds for cancellations can be found in Section 11 of the Copyright Designs and Patents Act 1988 (as amended).

You can cancel a design because:

• it was not new or lacked material differences when compared with an earlier design at the time it was applied for
• there are other reasons for which it could have been refused registration

If the design was registered on or after 9 December 2001 you may apply to invalidate it.

A design may be invalidated because:

• it was not new or lacked individual character when compared with an earlier design at the time it was applied for
• there are other reasons for which it could have been refused registration under the amended law

The grounds for invalidation can be found in Section 11ZA of the Registered Designs Act 1949 as amended.

Start invalidation or cancellation proceedings

You should consider getting professional advice before you decide anything.

Send us:

• a form DF19A ‘Request to invalidate a design registration’ by post -

You can use this form to apply for:

• the invalidation of the registration of a design
• the cancellation of the registration of a design which was applied for before the Registered Designs Act 1949 was amended by the Registered Designs Regulations 2001
• you must attach a Statement of Case with this form. You do not have to file evidence at this stage, but if you wish to do so, please tick the box

Published 8 October 2018