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Section 26 – The Trade Marks Act, 1999

The Trade Marks Act,1999

 

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

 

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 tribunal 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.

 

Comments

 

This section provides that where a trade mark has been removed from the register for failure to pay the renewal fee, 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.

 

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The Trade Marks Act, 1999

 

Indian Laws – Bare Acts

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