Renewal requirements

(1) At any time not being more than 12 months before the expiration of the registration of a mark, the registered owner of the mark, a duly recorded licensee of the mark or an agent may file an application in Form No. 11, together with the prescribed fee, for renewal of the registration of the mark. (2) An application mentioned in subrule (1) must contain the following statement– (a) that the mark has been used– (i) by the registered owner in respect of all of the goods or services in the registration; or (ii) by a named licensee in respect of all of the goods or services that are in the registration and for which the licensee is entered; (b) that the mark has been used– (i) by the registered owner in respect of some of the goods or services in the registration, specifying the goods or services so used; or (ii) by a named licensee in respect of some of the goods or services that are in the registration and for which the licensee is entered, specifying the goods or services so used, 26 Trade Marks and stating the reasons that, being beyond the control of the owner or licensee, as the case requires, would excuse the non-use in respect of the remaining goods or services in the registration; or (c) that the mark has not been used by the registered owner or a named licensee in respect of any of the goods or services in the registration, and stating the reasons that, being beyond the control of the owner or licensee, as the case requires, would excuse the non-use of those goods or services. (3) When an application for renewal is made by a registered licensee, he must complete Form No.11 as if he were the registered owner, make the required statements, as appropriate, in respect of his use of the mark and in respect of the use of the mark by a registered sub-licensee.