Trademark Status: Removed — Meaning and Next Steps

Short answer: Removed means the trade mark has been taken off the Register of Trade Marks, so it is no longer a registered trade mark. The usual reason is that the ten-year registration expired without renewal and the Registrar removed it under Section 25(3) and Rule 59. Within one year from expiry it may still be possible to renew or restore it; after that, a fresh application is normally needed.

Why your application shows this status

A registration lasts ten years and must then be renewed (Section 25). If no renewal is filed, the Registrar is to send a Form RG-3 notice of expiry, not more than six months before the registration expires (Rule 58). If the renewal fee is still unpaid at expiry, the Registrar may remove the mark and advertise the removal in the Trade Marks Journal (Rule 59), but not if renewal with surcharge is filed within six months of expiry. A mark can also be taken off the register by a cancellation or rectification order (Sections 47 and 57) or at the owner's request (Section 58(1)(c)).

What happens next

• Up to six months after expiry, renewal with surcharge can be filed on Form TM-R (proviso to Section 25(3); Rule 59).
• After six months and within one year from expiry, restoration and renewal can be sought on Form TM-R (Section 25(4); Rule 60). The Registrar restores only if satisfied it is just, having regard to the interests of others affected; the time for a decision depends on Registry workload.
• If restored, the registration is renewed for ten years from the expiry of the last registration, notice goes to the proprietor and any registered user, and it is advertised in the Journal (Section 25(4); Rule 61).
• For one year after removal for non-payment of the renewal fee, the removed mark is still treated as on the register when later applications by others are examined, subject to exceptions (Section 26).
• Once one year from expiry has passed, restoration under Section 25(4) is no longer available and protection normally needs a fresh application. Whether a removal can be challenged on other grounds is a question for an advocate.

What to do now

• Check the expiry (valid up to) date, the status history and the Journal notice to see why and when the mark was removed.
• If it was removed for non-renewal and less than one year has passed since expiry, file Form TM-R with the prescribed fee without delay, and explain the reason for the delay, since restoration turns on whether it is just.
• If a renewal was filed in time but the status still shows Removed, collect the TM-R filing receipt and write to the Registry asking for the record to be corrected.
• If no RG-3 notice was received, check the address for service on record and take an advocate's advice promptly; Section 25(3) requires the Registrar to send notice before removing a mark for non-renewal.
• If removal followed an order under Section 47 or 57, speak to an advocate promptly; an appeal against a Registrar's order lies to the High Court within three months of the order being communicated (Section 91(1)).

Common mistakes

• Confusing Removed with Abandoned or Refused. It concerns a mark that was registered, not a pending application.
• Continuing to use ® or the word "registered" after removal; falsely representing a mark as registered breaches Section 107 and attracts a monetary penalty.
• Counting the ten years from the certificate date. Registration dates from the application date (Section 23(1)); for marks registered close to or after their renewal date, Rule 58(2)-(3) allows renewal within six months of the actual registration date.
• Waiting beyond one year from expiry, or assuming restoration is automatic. Section 25(4) applies only within that year, and the Registrar must be satisfied that restoring the mark is just.

For every other status and what it means, see the trademark status guide.