By Amita Arora

Indian Patent Office dismissed design cancellation petitions filed by Tristar Products Pvt. Ltd. against Registered Design Nos. 267949 and 267950 in the name of Presto Industries (Registered Proprietor)

The Petitioner filed the cancellation petitions on the following grounds:

GROUND -I:    Design previously registered in India

GROUND – II: Prior Published in India And Abroad

GROUND – III: Design Is Not New or Original

GROUND – IV: Design is Not Registerable Under The Designs Act, 2000

The Controller adjudicated the cases in favour of the Registered Proprietor and held that:

‘It is seen that through-out the exhibits various combs have been depicted which differs in visual appeal owing to changes in height, dimension, curvature etc. On the basis of visual appeal, it is construed that the impugned registration cannot be considered to be devoid of newness because of the cited designs.’

‘Original, in relation to a design means originating from the author of such design and includes the cases which though old in themselves yet are new in their application. It was substantiated that the design is not originating from the author of such design or it is not a new design. Thus, it is construed that the impugned design is not devoid of newness and originality and registrability.