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Section 26: Effect of removal from register for failure to pay fee for renewal.

The Trade Marks Act, 1999Central Act · Act 47 of 1999

Where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the [Registrar or the High Court, as the case may be,] 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.

Where this provision sits

ActThe Trade Marks Act, 1999
Section26
Marginal noteEffect of removal from register for failure to pay fee for renewal.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 33 of 2021. .Subs. by Act 33 of 2021, s. 21, for “Tribunal” (w.e.f. 4-4-2021).

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