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 1[Registrar or the High Court, as the case may be Subs. by Act 33 of 2021, s. 21, for “Tribunal” (w.e.f. 4-4-2021)] is satisfied either—