16
Duration of
rights and
renewals
Trademarks
No. 2
24.__(1) The registration of a trademark shall be for a period of
ten years but may be renewed from time to time in accordance with
this section.
(2)The Registrar shall, on application made by the owner of a
registered trademark in the prescribed form, renew the registration
of the trademark for further periods of ten years from the date of
expiry of the registration.
(3) Where a trademark is removed from the Register for failure of
renewal, it shall nevertheless, for the purpose of any application for
the registration of a trademark during a period of six months after
the date of removal, be deemed to be a trademark that is already in
the Register.
(4) Subsection (3) shall not apply where the Registrar or the
Tribunal in the event of an appeal from the decision of the Registrar,
is satisfied either that__
(a) there has been no trade use of the trademark that has been
removed during the three years immediately preceding its
removal; or
(b) no deception or confusion would likely arise from the use
of the trademark that is the subject of an application for
registration by reason of any previous use of the trademark that
has been removed.
Removal of
trademark for
non-use
Use of one of
associated or
substantially
identical
trademarks
equivalent to
use of another
(5) The Registrar may, on application by the owner of the
trademark within a period of one year after removal, restore a
trademark the in Register unless if it was not used in the three years
preceding its removal.
25. The Registrar may on application by any interested person,
remove a trademark from the Register if he is satisfied that the
trademark has not been used in relation to the goods or services for
a continuous period of five years after registration.
26.__(1) Where under this Act, use of a registered trademark is
required to be proved for any purpose, the Registrar, or the Appeals
Tribunal in the event of an appeal from a decision of the Registrar,
may accept use of an associated registered trade mark, or of the
trademark with additions or alterations which do not substantially
affect the identity, and use of the trademark.
(2) The use of the whole of a registered trademark shall, for the
purposes of this Act, be deemed to be a use of any registered
trademark, being a part thereof, registered in the name of the same
owner.