The Trade Marks Rules 1994

Delayed renewal and removal of registration s. 43 (Form TM11)

29.—(1) If on the expiration of the last registration of a trade mark, the renewal fee has not been paid, the registrar shall publish that fact; and if, within six months from the date of the expiration of the last registration, the request for renewal is filed on Form TM11 accompanied by the appropriate renewal fee and additional renewal fee, the registrar shall renew the registration without removing the mark from the register.

(2) Where no request for renewal is filed as aforesaid, the registrar shall, subject to rule 30 below, remove the mark from the register.

(3) Where, in the case of a mark the registration of which (by reference to the date of application for registration) becomes due for renewal, the mark is registered at any time within six months before the date on which renewal is due, the registration may be renewed by the payment of—

(a) the renewal fee within six months after the actual date of registration; or

(b) the renewal fee and additional renewal fee within the period commencing on the date six months after the actual date of registration (that is to say, at the end of the period referred to in paragraph (a)) and ending on the date six months after the due date of renewal;

and, where the fees referred to in paragraph (b) are not paid within the period specified in that paragraph the registrar shall, subject to rule 30 below, remove the mark from the register.

(4) Where, in the case of a mark the registration of which (by reference to the date of application for registration) becomes due for renewal, the mark is registered after the date of renewal, the registration may be renewed by the payment of the renewal fee within six months of the actual date of registration; and where the renewal fee is not paid within that period the registrar shall, subject to rule 30 below, remove the mark from the register.

(5) The removal of the registration of a trade mark shall be published.