2.3.2 Validity of the original registration

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 sections 208(1) and 208(2) apply to all trade marks that are registered under the Trade Marks Act 1953 after the commencement of the Trade Marks Act 2002. The original registrations of such trade marks can only be invalidated if the trade marks are declared to be invalid under section 73 of the Trade Marks Act 2002.¹⁰

Footnote

¹⁰ See sections 208(1) and 208(2) of the Trade Marks Act 2002. The reference to “section 74” in section 208(2) was corrected to “section 73”; see the Statutes Amendment Bill (No 3) 2002.