Div 3Divisional applications

Division 3—Divisional applications

Object of Division

45. This Division provides that a person who has made an application (“initial application”) for the registration of a trade mark in respect of certain goods and services may, in the circumstances set out in the Division, make another application (“divisional application”):

(a) for the registration of a part only of the trade mark in respect of those goods and services; or

(b) for the registration of the trade mark in respect of some only of the goods or services in respect of which registration is sought under the initial application; or

(c) if the initial application has been amended to exclude some of the goods or services in respect of which registration was sought in the first place—for the registration of the trade mark in respect of any or all of the goods or services that have been so excluded.

Divisional application possible only if initial application is pending

46. A divisional application for the registration of a trade mark or a part of a trade mark may be made only if the initial application for the registration of the trade mark is pending.

Divisional application for registration of part of trade mark

47.(1) If a part of a trade mark, by itself, may be registered as a trade mark, the applicant for the registration of the trade mark may, within the prescribed period but subject to subsection (2), make a divisional application for the registration of that part as a trade mark in respect of the goods and services specified in the initial application.

(2) If the initial application has been accepted, the divisional application may not be made after the acceptance is advertised in the Official Journal.

Divisional application for registration of trade mark in respect of some of the goods and services specified in the initial application

48.(1) The applicant for the registration of a trade mark may, subject to subsection (2), make a divisional application for the registration of the trade mark in respect of any (but not all) of:

(a) the goods and services specified in the initial application; or

(b) if the initial application has been amended to exclude some of the goods or services specified in that application before its amendment—the goods and services specified in the initial application as amended.

(2) If the initial application has been accepted, the divisional application may not be made after the acceptance is advertised in the Official Journal.

Divisional application for registration of trade mark in respect of goods or services excluded from the initial application