Document ID: chunk:federal_register_of_legislation:C2024C00545:section:128
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 128
Character Range: 170920–171682

128  Circumstances in which action may not be brought
 (1) 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:
 (a) infringed the trade mark; and
 (b) was done after the registration had expired and before it was renewed.
 (2) 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:
 (a) infringed the trade mark; and
 (b) was done after the end of the prescribed period and before the registration was renewed.
 (3) In subsection (2):
prescribed period has the same meaning as in Division 3 of Part 7.
Note: For month see section 6.