Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 80

                   If:

                     (a)  the registration of a trade mark ( unrenewed trade mark ) has not been renewed under section 77 or 79; and

                     (b)  an application for the registration of a trade mark is made, or has already been made, by a person other than the person who was registered as the owner of the unrenewed trade mark;

the unrenewed trade mark is taken to be a registered trade mark for the purposes of the application at any time when the registration of the unrenewed trade mark could have been renewed under section 79.