s 80H
In forceStatus of unrenewed trade mark
Part 7Registration of trade marks
Division 3Renewal of registration (registration delayed for 10 or more years after filing date)
80H Status of unrenewed trade mark
If:
(a)
the registration of the trade mark is not renewed under section 80E; and
(b)
the registration of the trade mark (unrenewed trade mark) has not been renewed under section 80G; and
(c)
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 80G.
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