Commonwealth Consolidated Acts

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Acts not constituting infringement of existing registered mark

  (1)   This section applies if:

  (a)   immediately before 1   January 1996, a person was engaging in conduct that did not constitute an infringement of a mark registered under the repealed Act; and

  (b)   the mark is an existing registered mark for the purposes of this Act; and

  (c)   the person has, on or after that day, continuously engaged in, and is engaging in, that conduct; and

  (d)   that conduct is an infringement of the existing registered mark under this Act.

  (2)   In spite of section   120, the person does not infringe the existing registered mark by engaging in that conduct.

Note:   For existing registered mark see section   6.

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