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5.2.1 Registered status
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Defensive trade marks that were registered under the Trade Marks Act 1953, and that were valid immediately before the commencement of the Trade Marks Act 2002, are deemed to be registered under the Trade Marks Act 200234 and retain their original dates of registration.35
Given that no provision is made in the Trade Marks Act 2002 for defensive trade marks, then upon the commencement of the Trade Marks Act 2002, registered defensive trade marks are deemed to be registered as ordinary trade marks.
Footnotes
34 See section 208(3)(a) of the Trade Marks Act 2002.
35 See section 208(3)(b) of the Trade Marks Act 2002.
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