Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf:
(a) before 1 January 1996 a person engaged in conduct that infringed a mark registered under the repealed Act; and
(b) an action relating to that infringement was not pending immediately before 1 January 1996; and
(c) the mark is an existing registered mark for the purposes of this Act;
then, subject to any law limiting the time within which such an action may be started, an action may be brought under this Act for that infringement of the trade mark. A person is not, however, entitled under this Act to any injunction or other relief to which the person would not have been entitled under the repealed Act.
Note: For existing registered mark see section 6.