CS Professional · Intellectual Property Rights - Law and Practice · Trademarks
Rohan Foods holds an international registration dated 1 March 2016 for a ten-year period, which has expired without renewal. Under section 36G, what is the position?
A six-month grace period is available, subject to payment of the surcharge prescribed by the rules. Section 36G(2) grants this for renewal of an international registration, which otherwise lasts ten years and is renewable for ten-year periods.
- AA grace period of three months is allowed, with no surcharge
- BNo grace period is allowed; a fresh application is required
- CA grace period of six months is allowed, subject to payment of a prescribed surchargeCorrect
- DA grace period of one year is allowed, subject to payment of a prescribed surcharge
Explanation
Section 36G(1) gives ten years' duration, renewable for ten years each time. Section 36G(2) allows a grace period of six months for renewal, subject to payment of a surcharge prescribed by the rules. The other periods are not provided.
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