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

Where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the Registrar or the High Court, as the case may be, is satisfied either: that there has been no bona fide trade use of the trade mark which has ...

If a trade mark is taken off the official list because the renewal fee wasn't paid, it will still be considered as if it's on the list for one ...

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...