Commonwealth Consolidated Acts

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Action under this Act for infringement of trade mark under repealed Act


                     (a)  before 1 January 1996 a person engaged in conduct that infringed a mark registered under the repealed Act; and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entitled under this Act to any injunction or other relief to which the person would not have been entitled under the repealed Act.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.

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