Section 26

26. Effect of removal from register for failure to pay a fee for renewal.—

Where a trademark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trademark during one year, next after the date of the removal, be deemed to be a trademark already on the register, unless the tribunal is satisfied either—

(a) that there has been no bona fide trade use of the trademark which has been removed during the two years immediately preceding its removal; or

(b) that no deception or confusion would be likely to arise from the use of the trademark which is the subject of the application for registration by reason of any previous use of the trademark which has been removed.