Cancellation of Design Registration

Anyone can apply to have someone’s design registration cancelled, based on certain criteria. If you’re considering this option or someone has applied to cancel your registered design, our specialists can help assert, protect and defend your design rights.

Application criteria

Registered Designs Cancellation requests can be filed any time after registration on the grounds that the design was not new or original at the date of registration and particularly that the design:

  • Is the same as a design already registered or published in New Zealand in relation to the same or any other article; or
  • Differs from such a design only in immaterial details or in features that are variants commonly used in the relevant trade.

Applying for a cancellation

If you are commercially impacted or impeded by a design registration, please contact our design specialists. They will be happy to talk through the options and whether there are suitable grounds on which you could apply for the cancellation of a design registration.

Defending an application

If your registered design is subject to an application for cancellation, then our design specialists can guide you through the process and the options available to defend your registration.

Need more information?

Contact a member of our team:

Contact us

Meet our experts

  • Wes Jones
    Partner, Auckland

  • phone+64 9 359 7747
  • phonelink_ring+64 21 666 703
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  • Chris Way
    Partner, Auckland

  • phone+64 9 966 9761
  • phonelink_ring+64 21 987 893
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