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TRADE MARKS ACT 1995 - SECT 242

Divisional application in relation to pending application

  (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  (a)   was amended under the repealed Act to exclude some of the goods and/or services specified in the application before its amendment; and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 in the Official Journal .


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