59 Notice of pending expiration of registration of trade mark

(1)

The Commissioner must, on an application made by the owner of a registered trade mark in the prescribed manner and within the prescribed time, renew the registration of the trade mark from the date that the registration expires.

(2)

Before the registration of a trade mark expires and if an owner has not made an application under subsection (1), the Commissioner must, in the prescribed manner, send to the owner a notice of the—

(a)

date on which the registration of the trade mark will expire; and

(b)

conditions as to the payment of fees or otherwise on which a renewal of registration may be obtained; and

(c)

removal of the registration, subject to any conditions specified by the Commissioner as to the trade mark’s restoration to the register if, at the expiration of the period of 10 years, the conditions referred to in paragraph (b) have not been complied with.

(3)

The Commissioner must remove the trade mark from the register, subject to any conditions specified by the Commissioner as to the trade mark’s restoration to the register, if, at the expiration of the period of 10 years,—

(a)

notification of the date of expiry has been sent under subsection (2)(a); and

(b)

the conditions referred to in subsection (2)(b) have not been complied with.

Compare: 1953 No 66 s 29(3)