TRADE MARKS ACT 1995 - SECT 128 Circumstances in which action may not be brought
TRADE MARKS ACT 1995 - SECT 128
Circumstances in which action may not be brought(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.