Trade Marks Act
(CHAPTER 332)

(Original Enactment: Ordinance 38 of 1938)

[1st February 1939]
Renewal of registration
Duration of registration
32.  The registration of a trade mark shall be for a period of 10 years but may be renewed from time to time in accordance with the provisions of this Act.
[Act 7 of 1991 wef 01/03/1991]
Exclusion of enemy occupation period
33.  Without prejudice to the operation of section 32, relating to the duration of registration and renewal thereof, in any case where under the provisions of this Act any period of time is stated for the doing or refraining from doing any act then in computing any such period of time the period between 15th February 1942 and 1st October 1947 shall be excluded.
Renewal of registration
34.  The Registrar shall, on application made by the registered proprietor of a trade mark within the prescribed period, renew the registration of the trade mark for a period of 10 years from the expiration of the last registration of the trade mark.
[Act 7 of 1991 wef 01/03/1991]
Procedure on expiry of period of registration
35.  At the prescribed time before the expiration of the last registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor of the date at which the existing registration will expire and the conditions as to payment of fee and otherwise upon which a renewal of registration may be obtained, and if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove the trade mark from the register, subject to such conditions, if any, as to its restoration as may be prescribed.
Restoration of trade mark removed for non-payment of renewal fee
35A.—(1)  Where a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar may, within 12 months from the date of expiration of the registration of the trade mark, if satisfied that it is just to do so, restore the trade mark to the register, and renew the registration of the trade mark, either generally or subject to such conditions or limitations as he sees fit to impose, for a period of 10 years from the expiration of the last registration.
(2)  Section 78 shall not apply in relation to this section.
[Act 7 of 1991 wef 01/03/1991]
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 expiration of the last registration, be deemed to be a trade mark which is already registered.
[Act 7 of 1991 wef 01/03/1991]
(2)  Subsection (1) shall not have effect when the Registrar is satisfied either —
(a)that there has been no bona fide use of the trade mark during the two years immediately preceding the expiration of the last registration; or
[Act 7 of 1991 wef 01/03/1991]
(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.