5.2.2 Renewal

Defensive trade marks that were registered under the Trade Marks Act 1953, and that were valid immediately before the commencement of the Trade Marks Act 2002, retain their existing registration periods of either 7 or 14 years, as applicable.³⁶

Upon the expiry of the existing registration period the registration will be renewable for periods of 10 years at a time in accordance with section 58 of the Trade Marks Act 2002,³⁷ regardless of when the renewal application is received.³⁸

The comments made earlier in these Guidelines³⁹ regarding sections 59(2)(c) and 59(3) of the Trade Marks Act 2002 apply equally to the first renewal of a defensive trade mark under the Trade Marks Act 2002.

Footnotes

³⁶ See section 208(3)(c) of the Trade Marks Act 2002.

³⁷ See section 208(3)(c) of the Trade Marks Act 2002.

³⁸ The Trade Marks Act 2002 applies even in instances where the renewal application was received before the commencement of the Trade Marks Act 2002, as section 203(1)(b) of the Trade Marks Act 2002 does not apply to applications in respect of defensive trade marks by virtue of section 203(2) of the same Act.

³⁹ See page 4 above.