Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 254

254. (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        repealed Act; and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.