Status of unrenewed trade marks
36.—(1)  Where a trade mark has been removed from the register for non-payment of the fee for renewal, the trade mark shall nevertheless, for the purpose of an application for registration during one year next after the date of the removal, be deemed to be a trade mark which is already registered.
(2)  Subsection (1) shall not have effect when the Registrar is satisfied either —
(a)that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or
(b)that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed.