Commonwealth Consolidated Regulations

TRADE MARKS REGULATIONS 1995 - REG 22.1

  (1)   If:

  (a)   an application for the registration of a trade mark is lodged under the Trade Marks Act 1955 ; and

  (b)   the Registrar has issued a report on the application under the Trade Marks Act 1955 ; and

  (c)   immediately before the commencement of these regulations, the application is pending and has not been accepted;

the report is taken to have been issued by the Registrar under the Act on the date on which it was issued under the Trade Marks Act 1955 .

  (2)   If:

  (a)   an application under the Trade Marks Act 1955 for the registration of a trade mark is amended under the Trade Marks Act 1955 ; and

  (b)   immediately before the commencement of these regulations, the application is pending and has not been accepted;

the amendment is taken to have been made under the Act on the date on which it was made under the Trade Marks Act 1955 .

  (3)   If the particulars of an application for the registration of a trade mark have been published before the commencement of these regulations:

  (a)   in the Official Journal ; or

  (b)   by listing in a computer database maintained by the Trade Marks Office; or

  (c)   by making a record of the application available, in electronic or other form, in each of the sub - offices of the Trade Marks Office;

then, for the purposes of subsection   45(2), paragraph   64(a), subsection   65(1) and paragraph   83(1)(a) of the Act, those particulars are taken to have been published under section   30 of the Act.