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Cancellation of a Community design

According to the Article 24 of the Council Regulation n°06/2002 on Community designs, a registered design can be declared invalid by the OHIM on request of a third person, if the design does not fulfil the conditions of validity set out in this regulation, for example the conditions of novelty and of individual character.

The cancellation request must be filed in the first of the two languages choosen by the owner.

A decision of the OHIM declaring the invalidity of a design has for consequence that the design is considered as having had no effect as from its filing.

The request for invalidity can also be filed before an European Court in response to a infringement action.

The proceeding is a "paper proceeding", an hearing being very rare.