Circumstances in which action may not be brought
128 Circumstances in which action may not be brought
If the registration of a trade mark is renewed under section 79 within 6 months after it has expired, an action may not be brought in respect of an act that:
infringed the trade mark; and
was done after the registration had expired and before it was renewed.
If the registration of a trade mark is renewed under section 80G within 6 months after the end of the prescribed period, an action may not be brought in respect of an act that:
infringed the trade mark; and
was done after the end of the prescribed period and before the registration was renewed.
In subsection (2):
prescribed period has the same meaning as in Division 3 of Part 7.
For month see section 6.
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