Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 80

Status of unrenewed trade mark

    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.


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