any such case the trade mark as so modified shall be advertised in the Journal in the prescribed
manner before being registered.
(6)
The court may require an appellant under this section to give security for costs of the appeal and
in default of such security being duly given may direct the appeal to be treated as abandoned.
22. (1)
When an application for registration of a trade mark in Part A or in Part B of the register has
been accepted, and either (a)
(b)
the application has not been opposed and the time for notice of opposition has expired; or
the application has been opposed and the opposition has been decided in favour of the
applicant, the Registrar shall, unless the application has been accepted in error, register the trade
mark in Part A or Part B, as the case may be.
(2)
Subject to the provisions of this Act relating to international arrangements, a trade mark, when
registered, shall be registered as of the date of he application for registration, and that date shall be
taken for the purposes of this Act to be the date of registration.
(3)
On the registration of a trade mark the Registrar shall issue to the applicant a certificate of
registration in the prescribed form sealed with the seal of the Registrar.
(4)
Where registration of a trade mark is not completed within twelve months from the date of the
application by reason of default on the part of the applicant, the Registrar may, after giving notice of
the non completion to the applicant in writing in the prescribed manner, treat the application as
abandoned unless it is completed within the time specified in that behalf in the notice.
23. (1)
The registration of a trade mark shall be for a period of seven years, but may be renewed from
time to time in accordance with the provisions of this section:
Provided that, in relation to a registration as of a date before the commencement of this Act, this
subsection shall have effect with the substitution of a period of fourteen years for the said period of
seven years.
(2)
The Registrar shall, on application made by the registered proprietor of a trade mark in the
prescribed manner and within the prescribed period, renew the registration of the trade mark for a
period of fourteen years from the date of expiration of the original registration or of the last renewal
of registration, as the case may be (which date is in the section referred to as the expiration of the
last registration").
(3)
At the prescribed time before the expiration of the last registration of a trade mark, the Registrar
shall send notice in the prescribed manner to the registered proprietor of the date of expiration and
the conditions as t payment of fees and otherwise upon which a renewal of registration may be
obtained, and, if at the expiration of the time prescribed in that behalf those conditions have not been
duly complied with, the Registrar may remove the trade mark from the register, subject to such
conditions, if any, as to its restoration to the register as may be prescribed.
(4)
Where a trade mark has been removed from the register for non payment of the fee for renewal, it
shall, nevertheless, for the purpose of any application for the registration of a trade mark during one
year next after the date of the removal, be deemed to be a trade mark that is already on the register:
Provided that the foregoing provisions of this subsection shall not have effect where the court is
satisfied either (a)
that there has been no bona fide trade use of the trade mark that has been removed during the
two years immediately preceding its removal; or
(b)
that no deception or confusion would be likely to arise from the use of the trade mark that is
the subject of the application for registration by reason of any previous use of the trade mark that
has been removed.