2.3.1 Registered status

Trade marks registered under the Trade Marks Act 1953, whose deemed dates of registration predate the Trade Marks Act 2002, are considered to be trade marks that were valid immediately before the commencement of the Trade Marks Act 2002. It follows that section 208(3) of the Trade Marks Act 2002 applies to all trade marks that are registered under the Trade Marks Act 1953 after the commencement of the Trade Marks Act 2002. Following their registration such trade marks are deemed to be registered under the Trade Marks Act 2002⁸ and retain their original dates of registration.⁹

Footnotes

⁸ See section 208(3)(a) of the Trade Marks Act 2002.
⁹ See section 208(3)(b) of the Trade Marks Act 2002.