Commonwealth Numbered Acts

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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 11

Application for registration under this Act
11. (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   (a)  it lapses (see section 37), is withdrawn (see section 214) or is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Application for registration under repealed Act

(2) An application for the registration of a trade mark under the repealed Act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   (a)  the application had not lapsed (see subsection 48(1)), been withdrawn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. 


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