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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.

Note:   For month see section   6.