11Definition of pending

11 Definition of pending

Application for registration under this Act (1) An application for the registration of a trade mark under this Act is pending from the time it is filed until: (a) it lapses (see sections 37 and 54A), is withdrawn (see section 214) or is rejected (see section 33); or (b) if the Registrar refuses (under section 55) to register the trade mark and there is no appeal against the decision—the end of the period allowed for the appeal; or (c) if the Registrar refuses (under section 55) to register the trade mark and: (i) there is an appeal against the decision; and (ii) the decision is confirmed on appeal; —the day on which the decision is confirmed on appeal; or (d) the trade mark is registered under section 68.

Note: For file see section 6.

Application for registration under repealed Act (2) An application for the registration of a trade mark under the repealed Act was pending immediately before 1 January 1996 if before that day: (a) the application had not lapsed (see subsection 48(1)), been withdrawn (see subsection 40A(1)) or refused (see subsection 44(1)); and (b) the Registrar had not refused (under section 50) to register the trade mark or if he or she had refused to register the trade mark: (i) the period allowed for appealing against the decision had not yet ended; or (ii) an appeal had been made against the decision but had not yet been decided; and (c) the trade mark had not been registered under section 53.