Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A divisional application must:
(a) be for the registration of the trade mark to which the parent application relates; and
(b) specify the goods and/or services to which it relates; and
(c) specify the goods and/or services that are to remain in the parent application.
Note: For divisional application and parent application see section 45.
(2) When a divisional application is made, the Registrar must, unless the parent application has lapsed, amend the parent application by excluding the goods and/or services in respect of which the divisional application is made.
Note: Section 204 requires the Registrar, where no time or
period is specified for doing a thing, to do the thing as soon as practicable.
However, it is possible that a parent application will lapse before it is
practicable for the Registrar to amend it under subsection (2) of this
section.