60 Status of trade mark removed from register for non-payment of renewal fee

(1)

A trade mark that has been removed from the register for non-payment of the renewal fee must be taken into account for a period of 1 year after the date of expiry of the registered trade mark when determining the registrability of a later application.

(2)

Subsection (1) does not apply if the Commissioner is satisfied either that—

(a)

there has been no genuine use of the trade mark that has been removed during the 2 years immediately before its removal; or

(b)

no deception or confusion would be likely to arise from the use of the trade mark that is the subject of the application by reason of any previous use of the trade mark that has been removed.

Compare: 1953 No 66 s 29(4)