Trade Marks Act, 1999
25. Duration, renewal, removal and restoration
and registration .-
(1) The registration of trade mark, after the
commencement of this Act, shall be for a period of ten years, but may be
renewed from time to time in accordance with the provisions of this section.
(2) The Registrar shall, on application made
by the registered proprietor of a trade mark in the prescribed manner and
within the prescribed period and subject to payment of the prescribed fee,
renew the registration of the trade mark for a period of ten years from the
date of expiration of the original registration or of the last renewal of
registration, as the case may be (which date is in this section referred to as
the expiration of the last registration).
(3) At the prescribed time before the
explanation of the last registration of a trade mark the Registrar shall send
notice in the prescribed manner to the registered proprietor of the date of
expiration and the conditions as to payment of fees and otherwise upon which a
renewal of registration may be obtained, and, if at the expiration of the time
prescribed in that behalf those conditions have not been dully complied with
the Registrar may remove the trade mark from the register.
Provided that the Registrar shall not remove the
trade mark from the register if an application is made in the prescribed form
and the prescribed fee and surcharge is paid within six months from the
expiration f the last registration of the trade mark and shall renew the
registration of the trade mark for a period of ten years under sub-section (2).
(4) Where a trade mark has been removed from
the register for non-payment of the prescribed fee, the Registrar shall, after
six months and within one year from the expiration of the last registration of
the trade mark, on receipt of an application in the prescribed form and on
payment of the prescribed fee, it satisfied that it is just so to do, restore
the trade mark to the register and renew the registration of the trade mark
either generally or subject to such conditions or limitations as he thinks fit
to impose, for a period of ten years from the expiration of the last
registration.