39. Duration and renewal of registration

The registration of trademark shall be for a period of ten years from the date of registration and may be renewed under subsection (2) for a further periods of ten years.

The registration of trademark may be renewed, for some or all of the classes of goods or services, at the request of the registered proprietor in the form as determined by the Registrar together with the payment of the prescribed fee.

If some of the classes of goods or services of the registration are to be renewed, section 37 may be applicable.

Where the request for renewal is made on or before the date of expiry of the registration, the fee payable shall be the renewal fee as prescribed.

Where the request for renewal is made within the period of six months after the date of expiry of the registration, the fees payable shall be the renewal fee as prescribed and a surcharge shall be imposed.

A request for renewal shall be made not later than six months after the date of expiry of the registration.

Renewal shall take effect from the expiry of the previous registration.

If the registration is not renewed in accordance with this section and regulations referred to in subsection (4) or (5), the trademark shall be deemed removed.

Where the trademark has been deemed removed, the registered proprietor may request for restoration for his removed registration within six months from the date of removal in the form as determined by the Registrar together with the payment of the restoration fee as prescribed.

If restoration is not applied for under subsection (9) within six months from the date the trademark is deemed removed, the registration shall cease.

The renewal or restoration of the registration of a trademark shall be published in the Intellectual Property Official Journal.