Commonwealth Consolidated Acts

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Rules relating to divisional applications

             (1)  A divisional application must:

                     (a)  be for the registration of the trade mark to which the parent application relates; and

                     (b)  specify the goods and/or services to which it relates; and

                     (c)  specify the goods and/or services that are to remain in the parent application.

Note:          For divisional application and parent application see section 45.

             (2)  When a divisional application is made, the Registrar must, unless the parent application has lapsed, amend the parent application by excluding the goods and/or services in respect of which the divisional application is made.

Note:          Section 204 requires the Registrar, where no time or period is specified for doing a thing, to do the thing as soon as practicable. However, it is possible that a parent application will lapse before it is practicable for the Registrar to amend it under subsection (2) of this section.

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