TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 247
Restoration of trade mark removed from old register for non-payment of renewal fee
TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 247
Restoration of trade mark removed from old register for non-payment of renewal fee
247.(1) If:
(a) a trade mark was removed from the old register under subsection 70(2)
of the repealed Act because the registration of the trade mark had
expired and had not been renewed; and
(b) the registration of the trade mark had expired within 12 months before
the commencing day; then, if the Registrar is satisfied that it is
just to do so, the Registrar may, within 12 months from the day on
which the registration expired:
(c) make an entry in the Register to the effect that all particulars of
the trade mark removed from the old register under the repealed Act
are restored to the Register; and
(d) renew the registration of the trade mark for the period beginning on
the commencing day that, together with the period immediately before
the commencing day during which the trade mark remained unregistered,
equals 14 years.
(2) The renewal may be subject to any conditions or limitations that the
Registrar thinks fit to impose.
(3) The Registrar must give notice of his or her decision in accordance with
the regulations.
(4) An application may be made to the Administrative Appeals Tribunal for the
review of a decision of the Registrar under this section.