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23 Transitional provisions
This document provides guidelines on the transitional provisions in the Trade Marks Act 2002. These Guidelines do not constrain the judgment and discretion of the Commissioner of Trade Marks, and each application will be considered on its own merits.
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- 1. Introduction
- 2. Applications to register a trade mark that were received prior to the commencement of the Trade Marks Act 2002
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3. Trade marks that were registered under the Trade Marks 1953 prior to the commencement of the Trade Marks Act 2002
- 3.2 Validity of the original registration
- 3.1 Registered status
- 3.3 Renewal
- 3.4 Applications for alteration, assignment, expunction or cancellation
- 3.5 Revocation on the grounds of non-use
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3.6 Removal
- 3.6.1 Removal where the mark expired prior to the commencement of the Trade Marks Act 2002 but was not advertised before commencement
- 3.6.2 Removal of a mark that has expired after the commencement of the Trade Marks Act 2002, but for which no notice under section 59(2) of the Trade Marks Act 2002 has issued
- 3.7 Restoration
- 3.2 Validity of the orginal registration
- 4. Any other proceedings that commenced before the commencement of the Trade Marks Act 2002
- 5. Defensive Trade Marks
- 6. Border protection measures
- 7. Certificates of validity
- 8. Orders in council relating to convention countries
- 9. Associations, notes, disclaimers and conditions
- 10. Prohibited marks order
