60.—(1) At any time not more than 3 months before the expiration of the last registration of a trade mark, any person may file Form T.M. 19 together with a fee for the renewal of the trade mark.
(2) If that person is not the registered proprietor, he shall sign a statement on that Form that he is directed by the registered proprietor to pay the fee (if such be the case) and shall give his address.
(3) Before taking any further step the Registrar may —
(a)
require the person leaving the fee to furnish within 5 days an authority to pay the fee signed by the registered proprietor, and if he does not furnish such authority may treat the application as abandoned; or
(b)
communicate with the registered proprietor stating that the fee has been received and that the registration will in due course be renewed.
Notice before renewal
61. At any time not less than two months nor more than 3 months before the expiration of the last registration of a trade mark, if Form T.M. 19, accompanied by the appropriate fee, has not been received, the Registrar shall send a notice in writing to the registered proprietor, at his address for service, notifying him of the approaching expiration.
Advertisement of non-payment; late renewal
62. [Deleted by S 335/92 wef 01/08/1992]
Removal of trade mark from register
63. The Registrar may remove a trade mark from the register as of the date of the expiration of the last registration in the circumstances where —
(a)
at the date of the expiration of the last registration of the trade mark, Form T.M. 19 and the accompanying fee have not been received; or;
[Subst. by S 335/92 wef 01/08/1992]
(b)
the forms and fees have been received pursuant to rule 60 and the applicant:
(i)
fails to comply with the Registrar’ s directions or requests relating to the renewal of the mark within the stipulated period; or
(ii)
decides to withdraw or abandon his application.
[Deleted by S 335/92 wef 01/08/1992]
Application for restoration of trade mark
64.—(1) An application for restoration of a trade mark which has been removed from the register under rule 63 shall be made on Form T.M. 21 accompanied by the appropriate fee and statutory declaration stating the grounds for the application.
(2) Where Form T.M. 19, accompanied by the renewal fees, has not been filed previously, it shall be filed together with Form T.M. 21.
(3) The Registrar may in any case require the applicant to furnish such additional evidence or information, by statutory declaration or otherwise, as he thinks fit.
(4) The Registrar may restore the mark to the register and renew its registration if he is satisfied that it is just to do so, and upon such conditions as he may think fit to impose.
Record of removal
65. Where a trade mark has been removed from the register, the Registrar shall cause to be entered in the register a record of the removal and of its cause.
Notice and advertisement of renewal or restoration
66. Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor.