Design protection rights hold tremendous commercial value—especially when they influence consumer purchasing decisions. However, not every granted design deserves legal exclusivity. A registration may be flawed, lacking novelty, or unfairly restricting competitors. In such cases, strategic cancellation becomes essential to maintain a fair market. At P2 LEXPERITUS GLOBAL IP, we support both defensive and offensive actions in design cancellation proceedings, ensuring that only genuinely innovative designs enjoy protection.

When Design Cancellation Becomes Necessary

A registered design may be open to cancellation if:

• It is not new or original

• It conflicts with an earlier registered design

• It is misrepresented, incorrectly classified, or falsely claimed

• It doesn’t meet visibility or industrial applicability requirements

• Procedures or statutory conditions were not complied with

We conduct an extensive novelty and prior-rights assessment to determine the grounds on which a cancellation petition can be successfully filed.

Offensive Strategy: Challenging Improper Registrations

Our experts help businesses maintain a competitive market by removing obstructive or wrongly issued rights. Our services include:

• Preparing evidence to demonstrate lack of originality or prior publication

• Identifying conflicting local or international design registrations

• Creating persuasive legal submissions for cancellation petitions

• Representing clients before Indian Patent Office, USPTO, and global design authorities

This approach prevents competitors from monopolizing features that should be available to all and ensures clients retain the freedom to operate.

Defensive Strategy: Protecting Your Approved Design

If a competitor challenges your legally obtained rights, we defend your registration to continue safeguarding your design’s commercial strength.

We assist by:

• Drafting comprehensive counter-statements and legal responses

• Collecting strong documentation proving originality and ownership

• Establishing substantial distinctiveness and consumer recognition

• Conducting hearings and coordinating with authorities on your behalf

Our goal is to uphold your exclusive ownership and stop third parties from weakening your market advantage.

Strategic Value Beyond Legal Compliance

We look beyond isolated proceedings and provide guidance that complements long-term business objectives:

• Monitoring competitor filings for early dispute prevention

• Strengthening design portfolios with evidence-based documentation

• Advising on product updates that reinforce visual uniqueness

• Supporting global expansion and cross-border enforcement strategies

Through a balance of proactive protection and aggressive legal action when needed, P2 LEXPERITUS GLOBAL IP ensures that valid design rights remain secure while undeserving ones are challenged.