36. Status of unrenewed trade marks
Feedback & supportLast amended by an amending law of 1991.
Where a trade mark has been removed from the register for non-payment of the fee for renewal, the trade mark shall nevertheless, for the purpose of an application for registration during one year next after the expiration of the last registration, be deemed to be a trade mark which is already registered.
trade mark
“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;
Subsection (1) shall not have effect when the Registrar is satisfied either —
Registrar
“Registrar” means the Registrar of Trade Marks and includes any Deputy Registrar of Trade Marks holding office under this Act;
that there has been no bona fide use of the trade mark during the two years immediately preceding the expiration of the last registration; or
that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed.