Trade Marks Act, 1993 (Act No. 194 of 1993)Part IX : Duration and Renewal of Registration37. Duration and renewal of registration |
| (1) | 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 section. |
| (2) | The registrar shall, on application made by the registered proprietor of a registered trade mark in the prescribed manner and within the prescribed period, renew the registration of the trade mark for a period of 10 years from the date of expiration of the original registration or of the last renewal of registration, as the case may be, which date is in this section referred to as "the expiration of the last registration": Provided that, in the case of an application made in terms of section 63, the date of the original registration shall, for the purposes of this subsection, be deemed to be the date of lodgement of the application at the trade marks office. |
| (3) | 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 at his address for service of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of the time prescribed 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 to the register as may be prescribed. |
| (4) | Where a trade mark has been removed from the register for nonpayment of the fee for renewal, it shall, nevertheless, for the purpose f any application for the registration of a trade mark during one year ext following the date of the expiration of the last registration, be deemed to be a trade mark that is already on the register: Provided hat the foregoing provisions of this subsection shall not have effect here the registrar is satisfied that there has been no bona fide use of he trade mark that has been removed during the two years immediately preceding the date of the expiration of the last registration. |