s 80
In forceStatus of unrenewed trade mark
Part 7Registration of trade marks
Division 2Renewal of registration (general)
80 Status of unrenewed trade mark
If:
(a)
the registration of a trade mark (unrenewed trade mark) has not been renewed under section 77 or 79; and
(b)
an application for the registration of a trade mark is made, or has already been made, by a person other than the person who was registered as the owner of the unrenewed trade mark;
the unrenewed trade mark is taken to be a registered trade mark for the purposes of the application at any time when the registration of the unrenewed trade mark could have been renewed under section 79.
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