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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