128Circumstances in which action may not be brought

128 Circumstances in which action may not be brought

(1) If the registration of a trade mark is renewed under section 79 within 6 months after it has expired, an action may not be brought in respect of an act that: (a) infringed the trade mark; and (b) was done after the registration had expired and before it was renewed. (2) If the registration of a trade mark is renewed under section 80G within 6 months after the end of the prescribed period, an action may not be brought in respect of an act that: (a) infringed the trade mark; and (b) was done after the end of the prescribed period and before the registration was renewed. (3) In subsection (2):

prescribed period has the same meaning as in Division 3 of Part 7.

Note: For month see section 6.