CAP. 262]
[s. 8 cont.]
Trade Marks Register (Reconstruction).
this Ordinance and before or within six months after registration has been effected under section 3 hereof, the provisions of the principal Ordinance and of the Trade Marks Rules shall apply with the modifications hereinafter appearing.
(2) If the expiration of the last registration of a trade mark will occur after the commencement of this Ordinance but before or within six months after registration has been effected under section 3 hereof, then such registration and the renewal thereof shall be effected simultaneously and the Registrar shall refuse to effect registration save upon payment of the prescribed renewal fee.
(3) If the expiration of the last registration of a trade mark has occurred or occurs before the commencement of this Ordinance, then-
(a) if notification has been given in the Gazette that the trade mark has been removed from the old register, section 31 of the principal Ordinance shall apply as if the period from the 6th day of December, 1941, to the commencement of this Ordinance (both inclusive) were excluded from the computation of the period of one year after the date when a trade mark has been removed from the register referred to in that section; and
(b) if no such notification has been given renewal may be effected within two years after the commencement of this Ordinance : Provided always that in any such case registration under section 3 hereof and the renewal thereof shall be effected simultaneously and the Registrar shall refuse to effect registration save upon payment of the prescribed renewal fee.
(4) Subsection (3) of this section shall not apply to any trade mark which has been removed from the register prior to the 6th day of December, 1941.
(5) If through some mistake or omission contrary to the provisions of this section renewal is not effected simultaneously with registration under section 3 or the prescribed renewal fee has not been paid then notwithstanding anything contained in section 30 of the principal Ordinance or in Rule 58 of the Trade Marks Rules, the Registrar shall proceed in like manner as if he had duly sent notice in the prescribed
136
CAP. 262]
[s. 8 cont.]
Trade Marks Register (Reconstruction).
this Ordinance and before or within six months after registration has been effected under section 3 hereof, the provisions of the principal Ordinance and of the Trade Marks Rules shall apply with the modifications hereinafter appearing.
(2) If the expiration of the last registration of a trade mark will occur after the commencement of this Ordinance but before or within six months after registration has been effected under section 3 hereof, then such registration and the renewal thereof shall be effected simultaneously and the Registrar shall refuse to effect registration save upon pay- ment of the prescribed renewal fee.
(3) If the expiration of the last registration of a trade mark has occurred or occurs before the commencement of this Ordinance, then-
(a) if notification has been given in the Gazette that the trade mark has been removed from the old register, section 31 of the principal Ordinance shall apply as if the period from the 6th day of December, 1941, to the commencement of this Ordinance (both in- clusive) were excluded from the computation of the period of one year after the date when a trade mark has been removed from the register referred to in that section; and
(b) if no such notification has been given renewal may be effected within two years after the commencement of this Ordinance : Provided always that in any such case registration under section 3 hereof and the renewal thereof shall be effected simultaneously and the Registrar shall refuse to effect registration save upon payment of the prescribed renewal fee.
(4) Subsection (3) of this section shall not apply to any trade mark which has been removed from the register prior to the 6th day of December, 1941.
(5) If through some mistake or omission contrary to the provisions of this section renewal is not effected simul- taneously with registration under section 3 or the prescribed renewal fee has not been paid then notwithstanding anything contained in section 30 of the principal Ordinance or in Rule 58 of the Trade Marks Rules, the Registrar shall proceed in like manner as if he had duly sent notice in the prescribed
136 -
No comments yet.
Private notes are available after approval.