TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 261
Action under this Act for infringement of trade mark under repealed Act
TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 261
Action under this Act for infringement of trade mark under repealed Act
261. If:
(a) before the commencement of this Act 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infringed a mark registered under the repealed Act; and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 the commencement of this Act; 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. The registered owner (or a
registered user) of the existing trade mark is not, however, entitled
under this Act to any injunction or other relief to which he or she
would not have been entitled under the repealed Act.