TRADE MARKS ACT 1995 - SECT 253 Action under this Act for infringement of trade mark under repealed Act

TRADE MARKS ACT 1995 - SECT 253

    If:

  (a)   before 1   January 1996 a person engaged in conduct that infringed a mark registered under the repealed Act; and

  (b)   an action relating to that infringement was not pending immediately before 1   January 1996; and

  (c)   the mark is an existing registered mark for the purposes of this Act;

then, subject to any law limiting the time within which such an action may be started, an action may be brought under this Act for that infringement of the trade mark. A person is not, however, entitled under this Act to any injunction or other relief to which the person would not have been entitled under the repealed Act.

Note:   For existing registered mark see section   6.