242Divisional application in relation to pending application

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(3) If the initial application: (a) was amended under the repealed Act to exclude some of the goods and/or services specified in the application before its amendment; and (b) is still pending at any time within one month after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.