4. Removal of a trade mark from the register

Section 59(3) of the Act provides that the Commissioner must remove the trade mark from the register, if

• The mark has expired;
• A notification of the date of expiry has been sent to the owner; and
• The renewal fee has not been paid.

Where the registration of a trade mark is not renewed at the expiry of the registration period, then it ceases to have effect after the date of expiry, and it is removed from the register. A Notice of Removal from Register is sent to the owner’s address for service. This notice advises the owner that the trade mark has been removed from the register due to the non-payment of the renewal fee.¹⁵

A time limit will be stipulated, being 12 months from expiry of the trade mark for restoring the mark.

Footnote

¹⁵ Trade marks that have expired for non-payment of the renewal fee but may be restored to the register within the period of 12 months from the date of expiry of its registration, have a status of 105 in the IPONZ database.