Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 45

Divisional applications

             (1)  If a single application for the registration of a trade mark in respect of certain goods and/or services is pending ( parent application ), the applicant may make another application ( divisional application ) for the registration of the trade mark in respect of some only of the goods and/or services in respect of which registration is sought under the parent application.

Note:          For applicant and pending see section 6.

             (2)  To avoid doubt, the parent application may itself be a divisional application.

Note:          A divisional application may be made by a person who has become the applicant in relation to the parent application because of subsection 108(2) (which deals with assignment and transmission).



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