Act 17
Trademarks Act
2010
(2) The registrar shall, on application made by the registered
owner of a trademark in the prescribed manner and within the
prescribed period, renew the registration of the trademark.
22. Procedure on expiry of period of registration.
(1) At the prescribed time before the expiration of the initial
registration of a trademark, the registrar shall send the registered owner
notice of the date of expiration of the trademark, the conditions as to
payment of the prescribed fees and otherwise for renewal of registration.
(2) Where at the date of expiration of the registration the
conditions referred to in subsection (1) have not been complied with,
the registrar may remove the trademark from the register, subject to
such conditions as to its restoration to the register as may be prescribed.
23. Restriction on registration.
(1) The registrar shall not register as a trademark or part of a
trademark any matter the use of which would be likely to deceive or
would be contrary to law, morality or any scandalous design.
(2) The registrar shall not register as a trademark a word
commonly used and accepted as a name of a single chemical element
or compound, as distinguished from a mixture, relating to goods in
respect of a chemical substance or preparation.
(3) The registration of any word referred to in subsection (2) in
force at the commencement of this Act or any such registration after
the commencement of this Act shall, notwithstanding section 18, be
taken for the purposes of section 79 to be an entry made in the register
without sufficient cause or an entry wrongly remaining on the register
as the circumstances may require.
(4) This section shall not have effect in relation to a word which
is used to denote only a brand or make of the element or compound
as made by the owner or a registered user of the trademark, as
distinguished from the element or compound as made by others and
in association with a suitable name or description open to public use.
21