3.5.1 Non-use from the actual date of registration

A trade mark (other than a defensive trade mark) with an actual date of registration²² under the Trade Marks Act 1953 that is within the five years prior to the commencement of the Trade Marks Act 2002 cannot be revoked under section 66(1)(a) of the Trade Marks Act 2002 until five years and one month²³ have elapsed since its actual date of registration.

Section 66(1)(a) of the Trade Marks Act 2002 applies to all trade mark applications that have an actual date of registration after the commencement of the Trade Marks Act 2002 – whether registered under the provisions of the Trade Marks Act 1953 or the Trade Marks Act 2002.

Footnotes

²² Practice Guideline Amendment 2004/05, Information For Clients, Issue 33: 30 September 2004.

²³ Under section 66(1)(a), an application for revocation on grounds of non-use may only be made one month after the relevant period of non-use has passed.