Section 80G of the Trade Marks Act provides a 10 month grace period for a trade mark to be renewed where the trade mark is not registered for more than 10 years after the filing date. This period of 10 months is inconsistent with the grace periods for renewal under all four IP rights (i.e. currently 6 months). Furthermore, there appears to be no reason why this time period is specified in the Act, rather than prescribed in the regulations (as is usually the case) such that they can be easily amended.
Aligning the grace period for section 80G to be 6 months would make it more consistent with the grace period for renewal of trade marks and other rights in normal circumstances.
On hold 04-Sept-2017
Closed August 2020
Issue to be considered in future. Other matters of higher priority will be considered first.
80G renewals are rarely used, so there would be very little benefit to this issue.