80Status of unrenewed trade mark

80 Status of unrenewed trade mark

If: (a) the registration of a trade mark (unrenewed trade mark) has not been renewed under section 77 or 79; and (b) an application for the registration of a trade mark is made, or has already been made, by a person other than the person who was registered as the owner of the unrenewed trade mark; the unrenewed trade mark is taken to be a registered trade mark for the purposes of the application at any time when the registration of the unrenewed trade mark could have been renewed under section 79.