SOUMEN SEN,J. - (1.) The Court: The instant appeal is arising out of an order dated 12th March, 2013 passed by the Learned Assistant Controller of Patent and Design whereby the registration of the Design being no.211639 in class 09-07 under the Designs Act , 2000 was cancelled.
(2.) The Assistant Controller allowed the application for cancellation of all the impugned design on a finding being arrived at that the registered design no.211639 dated 7th August, 2007 is not significantly distinguishable from combination of known designs and thereby not new or original. In other words, the cancellation was allowed in view of Section 4 (C) of the Designs Act, 2000.
(3.) The subject matter of dispute before the Assistant Controller was 'seal for packaging' under Class 09-07. The representation accompanying the registration of the petitioner consists of three sheets having front view and rear view in sheet no.1, side view and other side view in sheet no.2 and top and bottom view in sheet no.3. The novelty is claimed in the representation sheet no.1 in the shape and configuration of the seal for packaging. The statement reads: "The novelty resides in the shape and configuration of the Seal for packaging more particularly in the portion marked "A" as illustrated". In the remaining representations, novelty is claimed to be residing in the shape and configuration of the seal for packaging.;