As soon as may be after the expiration of sixty days from the date of the
advertisement in the Trade and Service Marks Journal of any application for the
registration of mark, the Registrar shall, subject to any opposition and the determination
thereof, and subject to the provisions of section 28(1), and upon payment of the
prescribed fee on Form TM/SM 8 enter the mark in the register. The entry of a mark in
register shall give the date of registration, the goods or service in respect of which it is
registered together with the particulars of the trade, business, profession, occupation or
other description of the proprietor.
48. Associated marks
Where a mark is registered as associated with any other mark or marks the
Registrar shall note in the register in connection with the first-mentioned mark the
numbers of the marks with which it is associated and shall also note in the register in
connection with each of the associated marks the number of the first-mentioned mark as
being a mark associated therewith.
49. Death of the applicant before registration
In case of the death of any applicant for the registration of mark after the date of
his application, and before the mark applied for has been entered in the register, the
Registrar, after the expiration of the prescribed period of advertisement and the
determination of any opposition to the application, may, on being satisfied of the
applicant's death enter in the register, in place of the name of such deceased applicant
the name, address, and description of the person owning the mark, on such ownership
being proved to the satisfaction of the Registrar to be the successor.
50. Certificate of registration
Upon the registration of a mark the Registrar shall issue to the applicant a
certificate in the Form 02, and shall affix thereto a copy of the mark, which may be a
representation thereof supplied by the applicant under regulation 23.
51. Renewal of registration
At any time not more than three months before the expiration of the last
registration of a mark any person may leave at the office a fee for the renewal of the
registration of the mark upon Form TM/SM 9, and, if he is not the registered proprietor,
shall sign a statement on the Form that he is directed by the registered proprietor to pay
the fee (if such be the case) and shall give his address; before taking any further step,
the Registrar may either–
(a) require the person leaving the fee to furnish within ten days an authority to pay
the fee signed by the registered proprietor, and if he does not furnish such
authority may return the fee and treat it as not received; or
(b) communicate with the registered proprietor stating that the fee has been
received and that the registration will in due course be renewed.
52. Notice of renewal
The Registrar shall notify the registered proprietor in writing of the approaching
expiration of the term of registration and of the conditions as to payment of fees and
other requirements necessary for obtaining renewal at least six months before the
expiration date of the last renewal. Failure to send or receive the reminder, or any error
in the reminder, shall not affect the expiration date.
53. Second notice
At a time not less than fourteen days and not more than one month before the
expiration of the last registration of a mark the Registrar may, if no fee upon Form
TM/SM 9 has been received, send a notice in writing to the registered proprietor at his
trade or business address as well as at his address for services, if any.
54. Removal and restoration of a mark from the Register