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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

The registration of Kaveri Tea Ltd's trade mark expired on 1 March. The company did not renew it by the due date but applied in the prescribed form with the prescribed fee and surcharge on 20 June of the same year. What is the position under Section 25?

The Registrar shall not remove the mark and shall renew it for ten years. The application with the prescribed fee and surcharge was made within six months of expiry, which the proviso to Section 25(3) allows, so no fresh registration is needed.

  1. AThe Registrar must refuse because the registration has expired
  2. BThe Registrar shall not remove the mark and shall renew it for ten yearsCorrect
  3. CThe Registrar may renew it only for five years
  4. DThe company must file a fresh application for registration

Explanation

The proviso to Section 25(3) bars removal if the application, fee and surcharge come within six months from expiry of the last registration. 20 June is within six months of 1 March, so renewal is for ten years. A fresh application is unnecessary.

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