Commonwealth Numbered Acts

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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 237

Restoration of particulars to Register and renewal of registration where registration expired within 12 months before 1 January 1996
237. (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repealed Act had expired within 12 months before 1 January 1996.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        the trade mark removed from the old register under the repealed Act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the trade mark remained unregistered under the repealed Act, equals 10 years.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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