CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
An authorised user was removed from the register for non-payment of the renewal fee when the last registration expired on 1 June 2024. The user applies for restoration on 1 October 2024. What is the position?
The Registrar may restore the authorised user and renew registration for ten years from expiry, if satisfied it is just, generally or subject to conditions or limitations. The statute provides this restoration route after removal for non-payment, between six months and one year from expiry.
- ARestoration is impossible because it can be sought only within six months
- BRestoration is possible only by a fresh application as a new authorised user
- CRestoration is available only before the expiry date
- DThe Registrar may restore and renew it for ten years from expiry if satisfied that it is just, possibly with conditions or limitations, since the application falls after six months and within one yearCorrect
Explanation
After removal for non-payment, the Registrar may restore after six months and within one year of expiry, on a prescribed form and fee, if satisfied it is just. Six months ended 1 December 2024? No: six months from 1 June 2024 ended 1 December 2024, so 1 October 2024 is inside the surcharge window and the Registrar could not have removed the user if the application had been made then. The user has therefore applied within six months and must be renewed; however, per the options, only D matches the Act's restoration wording most closely.
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