Rule 59

59. Advertisement of removal of the trademark from the register.-

If at the expiration of the registration of a trademark, the renewal fees have not been paid, the Registrar may remove the trademark from the register and advertise the fact forthwith in the Journal: Provided that the Registrar shall not remove the trademark from the register if an application for payment of surcharge is made under proviso to sub-section(3) of section 25 in Form TM-R within six months from the expiration of the registration of the trademark.