On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/01/2012.
PART IV
RENEWAL OF REGISTRATION OF TRADE MARK
49.
—(1) Subject to paragraph (2), an application for the renewal of registration of a trade mark shall be made not later than 6 months after the date of expiry of the registration.
(2) Where a trade mark is registered after the date on which it becomes due for renewal by reference to the date of the application for its registration, an application for the renewal of its registration shall be made not later than 6 months after the actual date of its registration.
(3) An application for the renewal of registration of a trade mark shall —
(a)
if made on or before the date of expiry of the registration, be in Form TM 19; or
(b)
if made within 6 months after the date of expiry of the registration, be in Form TM 24.
(4) Notwithstanding paragraph (3)(b), where —
(a)
a trade mark is registered —
(i)
within 6 months before; or
(ii)
after,
the date on which it becomes due for renewal by reference to the date of the application for its registration; and
(b)
an application for the renewal of its registration is made not later than 6 months after the actual date of its registration,
the application for the renewal of its registration shall be in Form TM 19.
50.
—(1) Subject to paragraphs (2) and (3), the Registrar shall, not less than one month nor more than 6 months before the date of expiry of the registration of a trade mark, send a notice in writing to the proprietor, at the proprietor’s address for service, notifying him of the date of expiry of the registration.
(2) Subject to paragraph (3), where a trade mark is registered —
(a)
within 6 months before; or
(b)
after,
the date on which it becomes due for renewal by reference to the date of the application for its registration, the Registrar shall, within one month after the actual date of its registration, send a notice in writing to the proprietor —
(i)
where an application for the renewal of registration of the trade mark has previously been made in accordance with rule 49, at the address for service as indicated in the application; or
(ii)
in any other case, at the proprietor’s address for service,
notifying him of the date of expiry of its registration.
(3) The Registrar need not send any notice referred to in paragraph (1) or (2) if an application for the renewal of registration of the trade mark has been made in accordance with rule 49.
50A.
—(1) If, in the course of an examination of an application for renewal of registration, it appears to the Registrar that the application is not in order, the Registrar shall give written notice of this to the applicant.
(2) If the applicant fails to —
(a)
respond in writing to the Registrar on the notice; or
(b)
comply with any requisition of the Registrar set out in the notice,
within the time specified in the notice, the Registrar may treat the application as having been withdrawn.
(3) If the applicant wishes to have an extension of time to do any act referred to in paragraph (2)(a) or (b), he shall file with the Registrar a request for an extension of time in Form TM 49 before the expiry of the time specified in the notice or any extended period previously allowed by the Registrar.
51. The Registrar may remove a trade mark from the register if —
(a)
no application for the renewal of registration of the trade mark is filed in accordance with rule 49; or
(b)
where an application for the renewal of registration of the trade mark is filed in accordance with rule 49, the applicant for the renewal of registration —
(i)
fails to comply with any direction of the Registrar relating to the renewal; or
(ii)
notifies the Registrar that he wishes to withdraw or abandon the application.
Delayed renewal
52. [Deleted by S 370/2004]
53.
—(1) An application for restoration of a trade mark which has been removed from the register under rule 51 shall be filed with the Registrar on Form TM 21 within 6 months from the date of the removal of the trade mark from the register.
(2) The application for restoration filed on Form TM 21 shall contain a statement of the reasons for the failure to renew the registration.
(2A) Where Form TM 19 has not been filed previously, it shall be filed together with Form TM 21.
(3) The Registrar may, in any case, require the applicant for restoration to furnish such additional evidence or information, by statutory declaration or otherwise, as he thinks fit, within such time as the Registrar may specify.
(3A) If the applicant wishes to have an extension of time to comply with the requirement referred to in paragraph (3), he shall file with the Registrar a request for an extension of time in Form TM 49 before the expiry of the time specified by the Registrar or any extended period previously allowed by the Registrar.
(4) The Registrar may restore the trade mark to the register and renew its registration if he is satisfied that it is just to do so, and upon such conditions as he may think fit to impose.