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2.3 Registration
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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.
2.3.2 Validity of the orginal 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.
2.3.3 Renewal
At the end of the initial registration period, the registration will be renewable for periods of 10 years in accordance with section 58 of the Trade Marks Act 2002.
