(3)
The Controller may allow a further period of 3 months, as from the date of expiry
of the mark, for the renewal of the registration of a mark, subject to the payment
of a surcharge fee specified in the First Schedule.
(4)
Subject to paragraph (5), where a registered owner fails to pay the renewal fee
and the surcharge fee, where applicable, the registration of the mark shall not be
renewed and the registration of the mark shall be removed from the Register as
from the last expiry date of the registration of the mark.
(5)
Where a mark has been removed from the register for non-payment of the
renewal fee, it shall, for the purpose of an application for the registration of a
mark, within one year from the date of expiration of the last registration, be
deemed to be a mark which is already on the register, unless the Controller is
satisfied that -
(a)
there has been no bona fide use of the mark which has been
removed, during 3 years immediately preceding its removal; or
(b)
no deception or confusion is likely to arise from the use of the
mark which is the subject matter of the application for registration,
by reason of any previous use of the mark which has been
removed.
(6)
The renewal of the registration of a mark shall be recorded in the register and
shall be published by the Controller.
(7)
Where the Controller renews the registration of a mark, he shall issue to the
registered owner a certificate of
renewal in the form specified in the Eighteenth Schedule.
55.
(1)
Regulations 42 to 54 shall apply mutatis mutandis to collective marks with such
modifications as appropriate and subject to the following -