Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if, immediately before 1 January 1996, an application ( initial application ) for the registration of a trade mark in the old register was pending and had not been accepted.
Note 1: For old register see section 6.
Note 2: For pending see subsection 11(2).
(2) If:
(a) at any time within 6 months after 1 January 1996, the initial application is still pending; and
(b) a part of the trade mark, by itself, may be registered as a trade mark;
the applicant may, subject to subsection (4), make an application ( divisional application ) for the registration of that part as a trade mark in respect of any or all of the goods or services specified in the initial application.
Note: For pending see subsection 11(1).
(3) If the initial application:
(a) was amended under the repealed Act to exclude some of the goods and/or services specified in the application before its amendment; and
(b) is still pending at any time within one month after 1 January 1996;
the applicant may, subject to subsection (4), make an application ( divisional application ) for the registration of the trade mark in respect of any or all of the goods and/or services that were excluded from the initial application.
Note: For pending see subsection 11(1).
(4) If the initial application is accepted under Part 4, a divisional application may not be made after the acceptance is advertised.