RULE
5
CANCELLATION
OF DESIGN REGISTRATION
Section 1. Grounds
for the cancellation of design registration. At any time
during
the term of the industrial design registration, any person upon payment
of the required fee, may petition the Director to cancel the industrial
design on any of the following grounds:
(a) that the
industrial
design does not give a special appearance to and can not serve as
pattern
for an industrial product or handicraft;
(b) that
the industrial
design is not new or original;
(c) that
the industrial
design is dictated essentially by technical or functional consideration
to obtain a technical result;
(d) that
the industrial
design is contrary to public order, health or morals; or
(e)
that the
subject matter of the industrial design extends beyond the content of
the
application as originally filed.
Section 2. Partial
cancellation. Where the grounds for cancellation relate to a
part of the industrial design, cancellation may be effected to
such
extent only. The restriction may be effected in the form of an
alteration
of the effected features of the design.
Section 3. Procedure.
The procedure prescribed by these Regulations in the cancellation of
patent
and utility model registration shall be applied mutatis mutandis in the
cancellation of design registration.
Section 4.
Effect
of cancellation. The rights conferred by the registration of
a design shall terminate upon the cancellation of such
registration.
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Harvard
Computer Systems, Inc.