Section 26 of TMA : Section 26: Effect Of Removal From Register For Failure To Pay Fee For Renewal

Explanation using Example

Let's say, the trademark "FruitVille" for a juice brand was removed from the register because the company failed to pay the renewal fee. Now, a new company wants to register a similar trademark "FruitVilla" within a year of "FruitVille" being removed. According to Section 26 of The Trade Marks Act, 1999, "FruitVille" will still be considered as an existing trademark for the next one year unless:

1. The Registrar or the High Court is convinced that there has been no genuine trade use of "FruitVille" during the two years before its removal. For instance, if the "FruitVille" juices weren't actually sold in the market in the past two years, the new company might be allowed to register "FruitVilla".
2. Or, it is determined that no deception or confusion would likely arise from the use of "FruitVilla". This might be the case if the new company's products are significantly different from the old company's, making it unlikely for consumers to confuse between the two.