Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 11

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                     (a)  it lapses (see sections 37 and 54A), is withdrawn (see section 214) or is rejected (see section 33); or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Application for registration under repealed Act

             (2)  An application for the registration of a trade mark under the repealed Act was pending immediately before 1 January 1996 if before that day:

                     (a)  the application had not lapsed (see subsection 48(1)), been withdrawn (see subsection 40A(1)) or refused (see subsection 44(1)); and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.