Part 3Process for obtaining registration of trade mark and other matters
When registration of trade mark ceases: Renewal of registration
60Effect of registered-past expiry date status
A trade mark has the status of registered-past expiry date if—
- the trade mark’s registration expiry date (referred to in section 59) has passed; but
- the trade mark has not yet been removed from the register.
While the trade mark’s status is registered-past expiry date, the trade mark—
- is not a registered trade mark for the purposes of subparts 1 to 3 of Part 4; but
- is a registered trade mark for all other purposes.
If the trade mark’s registration is renewed before it is removed from the register under section 59(6),—
- the renewed registration takes effect from the expiry date (see section 59(1)); and
- the trade mark is taken to have remained a registered trade mark for all purposes from that date as if its status had not changed.
Notes
- Section 60: replaced, on , by section 128 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).