35. Procedure on expiry of period of registration

Terms defined in s 2

• prescribed

  prescribed

  Defined · s 2

  “prescribed”, in relation to proceedings before the court or preliminary thereto or connected therewith, means prescribed by Rules of Court made under the Supreme Court of Judicature Act and in other cases, prescribed by this Act or in any rules made thereunder;

  Open s 2
• register

  register

  Defined · s 2

  “register” means the register of trade marks kept under the provisions of this Act;

  Open s 2
• registered proprietor

  registered proprietor

  Defined · s 2

  “registered proprietor”, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;

  Open s 2
• Registrar

  Registrar

  Defined · s 2

  “Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;

  Open s 2
• the expiration of the last registration

  the expiration of the last registration

  Defined · s 2

  “the expiration of the last registration”, in relation to a registered trade mark, means the date of expiration of the original registration of the trade mark or of the last renewal of registration, as the case may be;

  Open s 2
• trade mark

  trade mark

  Defined · s 2

  “trade mark” means —(a)except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate, a connection in the course of trade between the goods or services and a person who has the right, either as proprietor or as registered user, to use the mark, whether with or without an indication of the identity of that person;(b)in relation to a defensive trade mark, a mark registered under section 41; and(c)in relation to a certification trade mark, a mark registered under section 68;

  Open s 2