Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 128

             (1)  If the registration of a trade mark is renewed under section 79 within 6 months after it has expired, an action may not be brought in respect of an act that:

                     (a)  infringed the trade mark; and

                     (b)  was done after the registration had expired and before it was renewed.

             (2)  If the registration of a trade mark is renewed under section 80G within 10 months after the end of the prescribed period, an action may not be brought in respect of an act that:

                     (a)  infringed the trade mark; and

                     (b)  was done after the end of the prescribed period and before the registration was renewed.

             (3)  In subsection (2):

"prescribed period" has the same meaning as in Division 3 of Part 7.

Note:          For month see section 6.