208 Status of trade marks registered before commencement of Act

(1)

Except as provided in subsection (2), nothing in this Act invalidates the original registration of a trade mark that, immediately before the commencement of this Act, was valid.

(2)

However, subsection (1) does not apply to the extent that a registered trade mark referred to in that subsection is declared to be invalid under section 73.

(3)

A trade mark that was registered under the Trade Marks Act 1953, including a defensive trade mark, and that, immediately before the commencement of this Act, was valid—

(a)

is deemed to be registered under this Act as a trade mark, whether registered in Part A or Part B of the register; and

(b)

retains its original date of registration; and

(c)

retains its existing registration period, under the Trade Marks Act 1953, of 7 or 14 years, as the case may be, but, at the expiration of that registration period, section 58 applies.

(4)

A trade mark that was registered under the Trade Marks Act 1953, other than a defensive trade mark, within the period of 5 years before the coming into force of this Act, cannot be revoked under section 66(1)(a) until 5 years after its actual date of registration.

(5)

For the purposes of section 66(1)(b), the uninterrupted period of suspension of use is 5 years (not 3) if all the following apply:

(a)

the trade mark was registered under the Trade Marks Act 1953; and

(b)

the trade mark is not a defensive trade mark; and

(c)

the uninterrupted period of suspension of use began within the period of 5 years before this Act came into force.

(6)

A trade mark that was registered under the Trade Marks Act 1953, other than a defensive trade mark, may be revoked under section 66(1)(a) or (b) after the periods specified in subsections (4) and (5) have elapsed.

(7)

A trade mark that was registered as a defensive trade mark under the Trade Marks Act 1953 cannot be revoked under section 66(1)(a) or (b) until 3 years after the coming into force of this Act.

Section 208(2): amended, on 22 October 2003, by section 3 of the Trade Marks Amendment Act 2003 (2003 No 100).

Section 208(5): replaced, on 15 December 2005, by section 18 of the Trade Marks Amendment Act 2005 (2005 No 116).