of
Renewal
registration of a
mark
(h) the list of goods or services in respect
of which the mark is registered with
an indication of the corresponding
class or classes of the International
Classification.
(5) The Registrar General shall not be required
to republish the mark upon completion of its
registration.
39. (1) An application for renewal of the
registration of a mark shall be made in form
M9 within the six months preceding the expiry
of the registration; subject to the grace period
prescribed under section 31(4)(c).
(2) Subject to subregulation (3), where the
registered owner of a mark fails to pay the
renewal fee or the surcharge where applicable,
the registration of the mark shall not be
renewed and its registration shall be removed
from the register as from the last expiry date of
its registration.
(3) Where a mark has been removed from the
register for nonpayment of the renewal fee, it
shall, for the purposes of section 27(2)(f) of the
Act (in relation to a new application for the
registration of another mark within one year
from the date of expiration of the last
registration), be deemed to be a mark which is
already on the register, unless the Registrar
General is satisfied that
(a) there has been no bona fide use of
the mark which has been removed,
during three years immediately
preceding its removal; or
(b) no deception or confusion is likely to
arise from the use of the mark which
is the subject matter of the new
application for registration, by reason
of any previous use of the mark which
has been removed.
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