SOUMEN SEN, J.

1. This appeal is arising out of an order dated 12th March 2018, by which the application for cancellation of the design No.242843 registered on 3rd February, 2012 in class 06-01 in respect of application of the design to chair was dismissed.

2. The grounds for challenge before the controller are that the impugned design is not new or original, as it has been already disclosed to public and not significantly distinguishable from the known design or combination of known designs.

3. The contentions of the applicant before the controller are summarized below.

4. In the application for registration novelty is claimed in all views for the whole shape, configuration and surface pattern of the Chair. ‘Original’ means that the design originating from the other. There is a distinction between ‘new’ and ‘original’. ‘New’ is referred to a case where the shape or pattern is wholly new in itself. ‘Original’ in relation to a design would refer to a case which could be old but new in its application to the particular subject matter. The word ‘original’ means that the pers