C.714
Renewal of
registration
of mark
Invalidation
of registration
of a mark
Removal on
the ground
of non-use
Reinstatement
of lapsed mark
rights
(3) The registration of a mark shall include —
(a) a representation of the mark;
(b) the number of the mark;
(c) the name and address of the registered owner;
(d) the name and address of the agent, if any;
(e) the filing date and date of registration;
(f) if priority has been claimed and the claim has been accepted, the country
or countries in which or for which the earlier application was filed; and
(g) the list of goods or services in respect of which the registration of the
mark had been made with an indication of the corresponding class or
classes of the International Classification.
(4) The publication of a reference to the registration of a mark under section
80 (1) (c) of the Act shall contain the particulars specified in subregulation
(3).
43. (1) A request for renewal of the registration of a mark under section 85
(1) of the Act shall —
(a) be made during the six month period preceding the expiry of the registration;
(b) be signed by the registered owner or his or her authorised agent; and
(c) be made in Form 14 set out in the First Schedule.
(2) Where the owner is late in applying for the renewal as provided for
under section 85 (2) of the Act, he or she shall pay a surcharge set out in the
Second Schedule.
(3) The renewal of the registration of a mark shall be recorded in the register
and shall be published in the Journal.
(4) The Registrar shall mark the original certificate as renewed and provide
the next date of expiry.
44. (1) An application under section 86 (1) of the Act to invalidate the
registration of a mark, shall be made in Form 23 set out in the First Schedule
together with the payment of the fee set out in the Second Schedule.
(2) A copy of the application under subregulations (1) and (2) shall be
served on the owner of the registered mark by the applicant and filed with the
Registrar.
(3) The invalidation of a registered mark shall be published in the Journal.
45. (1) An application under section 87 (3) of the Act, to remove a mark
from the register on grounds of non-use, shall be made in Form 15 set out in
the First Schedule together with the payment of the fee set out in the Second
Schedule.
(2) A copy of the application under subregulation (1) shall be served on the
owner of the registered mark by the applicant and filed with the Registrar.
(3) The removal of a mark from the register on the grounds of non-use shall
be published by notice in the Journal.
46. A request for reinstatement of a lapsed mark under section 88 of the
Act shall be made to the Registrar in writing within two months of the lapse of
rights over the mark, subject to the payment of the reinstatement fee set out in
the Second Schedule.