CHAPTER III –
RENEWAL OF REGISTRATION AND RESTORATION

66.)Renewal of Registration.

An application for the renewal of the registration of a trade mark shall be made on form TM – 12 and may be made at any time not more than six months before the expiration of the last registration of the trade mark.

67.)Notice before removal of trade mark from register.

At a date not less than one month and not more than two months before the expiration of the last registration of a trade mark, if no application on form TM – 12 for renewal of the registration together with the prescribed fee has been received, the Registrar shall notify the registered proprietor or in the case of a jointly registered trade mark each of the joint registered proprietors and each registered user, if any, in writing on form O – 3 of the approaching expiration at the address of their respective principal places of business in India as entered in the register or where such registered proprietor or registered user has no principal place of business in India at his address for service in India entered in the register.

68.)Advertisement of removal of trade mark from the register.

If at the expiration of the last registration of a trade mark the renewal fee has not been paid the Registrar may remove the trade mark from the register and advertise the fact forthwith in the journal.

69.)Registration and renewal of registration.

An application for the restoration of a trade mark to the register and renewal of its registration under sub-section (4) of section 25, shall be made on form TM – 13, within one year from the expiration of the last registration of the trade mark accompanied by the prescribed fee.

70.)Notice and advertisement of renewal and restoration.

Upon the renewal or restoration and renewal of registration, a notice to that effect shall be sent to the registered proprietor and every registered user and the renewal or restoration and renewal shall be advertised in the journal.