CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks
Anand Textiles' registered mark expired on 1 January 2025 and was removed from the register for non-payment of the renewal fee. When may the Registrar restore it under Section 25(4), if satisfied that it is just to do so?
Restoration is possible after six months and within one year from expiry of the last registration, on application with the prescribed fee, if the Registrar is satisfied that it is just. The restored mark is renewed for ten years from that expiry.
- AOnly within the first six months after expiry
- BAfter six months and within one year from expiry of the last registrationCorrect
- CWithin two years from the date of removal
- DAt any time, without a time limit
Explanation
Section 25(4) allows restoration after six months and within one year from expiration of the last registration, on application in the prescribed form with the prescribed fee. The first six months are covered by the proviso to Section 25(3) instead, and there is no unlimited window.
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