SOUMEN SEN,J. - (1.) The appeal is arising out of an order passed by the Deputy Controller of Patents and Designs on 20th January, 2016 in connection with a petition for cancellation of registered Design No.252082 filed on 12th February, 2014 under Section 19 of the Designs Act, 2000 by T.K. Shawal Industries Pvt. Ltd., the appellant herein.
(2.) The Deputy Controller has rejected the said application for cancellation of the aforesaid design.
(3.) The grounds for cancellation taken before the Deputy Controller are:- 1. That the design has been published in India and/or in any other country prior to the date of registration. 2. That the design is not a new or original design. 3. That the design is not registrable under the Designs Act, 2000. 4. That the design is not significantly distinguishable from designs or combination of known design. ;