1150
No. 40 of 1909.
TRADE MARKS.
Procedure on expiry of period of registration.
5 Edw. 7, c. 15. s. 30.
Status of unrenewed trade marks.
5 Edw. 7, c. 15, s. 31.
Correction of register.
5 Edw. 7, c. 15, s. 32.
case may be, which date is herein termed "the expiration of the last registration".
30. At the prescribed time before the expiration of the registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor at his registered address of the date at which the existing registration will expire and the conditions as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if at the expiration of the time prescribed in that behalf, such conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions (if any) as to its restoration to the register as may be prescribed.
[ss. 30A and 30B, rep. Law Revision Ordinance, 1939.]
31. Where a trade mark has been removed from the register for non-payment of the fee for renewal, such trade mark shall, nevertheless, for the purpose of any application for registration during one year next after the date of such removal, be deemed to be a trade mark which is already registered, unless it is shown to the satisfaction of the Registrar that there has been no bonâ fide trade user of such trade mark during the two years immediately preceding such removal.
Correction and rectification of the register.
32. The Registrar may, on request made in writing by the registered proprietor or by some person entitled by law to act in his name—
(1) correct any error in the name or address of the registered proprietor of a trade mark; or
(2) enter any change in the name or address of the person who is registered as proprietor of a trade mark; or
(3) cancel the entry of a trade mark on the register; or
(4) strike out any goods or classes of goods from those for which a trade mark is registered; or
(5) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of such trade mark.