Document ID: chunk:federal_register_of_legislation:C2004A00866:clause:1_23
Version: federal_register_of_legislation:C2004A00866
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 7519–8619

23  Transitional—Division 2 of Part 7 of the Trade Marks Act 1995

(1) This item applies if, before the commencement of this item:
 (a) the Registrar purported to renew registration of a trade mark under section 77 or 79 of the Trade Marks Act 1995; and
 (b) particulars of registration were entered in the Register under section 69 of that Act after the end of the period of 10 years after the filing date of the application for registration.

(2) In the case of a purported renewal under section 77, the renewal is as valid as it would have been if, at the time of the request for renewal:
 (a) the words ", within the prescribed period before the registration of a trade mark expires," were omitted from subsection 75(1) of the Trade Marks Act 1995; and
 (b) the words "of a trade mark" had been added at the end of that subsection.

(3) In the case of a purported renewal under section 79, the renewal is as valid as it would have been if, at the time of the request for renewal, the words ", within 12 months after the registration of a trade mark has expired," were omitted from that section.