Cancel or invalidate someone else's registered design
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 
(1.53Mb).
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; or
- 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; or
- 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 (715Kb)
as amended.
You must provide written reasons, called a 'statement of grounds', when applying to cancel or invalidate a design, and include them with your application form.
You do not have to provide evidence with your statement, but your statement must say that you have evidence to support your case.
We will write to the owner of the registered design, and to you, at each stage of the process. If neither of you are prepared to give way after we have received all the evidence, we will appoint a hearing to decide the matter.
If we allow the removal of the design from the register it will usually take effect from the date of registration.
To apply to have someone else's design removed from the register, you must send us:
- Form DF19A (48Kb) - Application for invalidation
or cancellation of
registration;
- a statement setting out the reasons for your application, and the facts on which you are relying; and
- a fee of £50
Send us your request
Please send your completed form and statement to the following address:
Intellectual Property OfficeConcept House
Cardiff Road
Newport
South Wales
NP10 8QQ
United Kingdom