Section 25

25. Duration, renewal, removal and restoration of registration.—

(1) The registration of a trademark, after the commencement of this Act, shall be for a period of ten years, but maybe renewed from time to time in accordance with the provisions of this section.

(2) The Registrar shall, on an application made by the registered proprietor of a trademark in the prescribed manner and within the prescribed period and subject to payment of the prescribed fee, renew the registration of the trademark for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as the expiration of the last registration).

(3) At the prescribed time before the expiration of the last registration of a trademark the Registrar shall send notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of the time prescribed in that behalf those conditions have not duly complied with the Registrar may remove the trademark from the register:

Provided that the Registrar shall not remove the trademark from the register if an application is made in the prescribed form and the prescribed fee and surcharge are paid within six months from the expiration of the last registration of the trademark and shall renew the registration of the trademark for a period of ten years under sub-section (2).

(4) Where a trademark has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the trademark, on receipt of an application in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the trademark to the register and renew the registration of the trademark either generally or subject to such conditions or limitations as he thinks fit to impose, for a period of ten years from the expiration of the last registration.