Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 237

Restoration of particulars to Register and renewal of registration where registration expired within 12 months before 1 January 1996

  (1)   This section applies if the registration of a trade mark under the repealed Act had expired within 12 months before 1   January 1996.

  (2)   The Registrar must:

  (a)   make an entry in the Register to the effect that all particulars of the trade mark removed from the old register under the repealed Act (because the trade mark had not been renewed) are restored to the Register; and

  (b)   enter those particulars in the Register.

Note:   For old register see section   6.

  (3)   If an application for the renewal of the registration of the trade mark is made under this Act within 12 months from the day on which the registration expired, the Registrar must renew the registration of the trade mark for the period beginning on 1   January 1996 that, together with the period during which the trade mark remained unregistered under the repealed Act, equals 10 years.

  (4)   If the registration of the trade mark is not renewed under subsection   (3), the Registrar must remove the trade mark from the Register 12 months after the day on which the registration expired.


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