1. Introduction

An owner of a trade mark registration may apply to renew the registration providing the application meets the requirements set out in the Trade Marks Act 2002 (“the Act”) and the Trade Marks Regulations 2003 (“the Regulations”).

Sections 58 and 59 of the Act set out the requirements for the renewal, removal and restoration of a trade mark.

Section 60(1) provides that expired registrations must be taken into account, for the purposes of determining the registrability of later applications, for a period of one year from the date of their expiry.

Regulations 132, 133 and 134 of the Regulations further set out the requirements for the renewal and restoration of a registered mark.