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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 241

Application for registration of trade mark
241. (1) This section applies if an application for the registration of a
trade mark in Part A or B of the old register was pending immediately before 1
January 1996. Note 1: For old register see section 6. Note 2: For pending see
subsection 11(2).

(2) If the application had been accepted under the repealed Act and the
acceptance was in force immediately before 1 January 1996, the following
provisions apply:

   (a)  subject to subsection (4), the repealed Act (other than paragraph
        45(1)(b)) continues to apply in relation to the application;

   (b)  if, after dealing with the application in accordance with the repealed
        Act, the Registrar is required under section 53 of that Act to
        register the trade mark in the old register-the Registrar is to
        register the trade mark under Part 7 of this Act. Note: Subsection
        45(1) of the repealed Act provided as follows:

"45. (1) An application for the registration of a trade mark may be accepted,
and the trade mark may be registered, notwithstanding that the applicant does
not use or propose to use the trade mark:

   (a)  ...

   (b)  if an application has been made for the registration of a person as a
        registered user of the trade mark and the Registrar is satisfied that
        the proprietor intends the trade mark to be used by that person in
        relation to those goods or services and is also satisfied that that
        person will be registered as a registered user of the trade mark
        immediately after registration of the trade mark.".

(3) If, immediately before 1 January 1996, the application had not been
accepted, the following provisions apply:

   (a)  subject to subsection 240(2) and subsection (5) of this section, the
        application is to be dealt with in accordance with this Act;

   (b)  if:

        (i)    there is no opposition to the registration; or

        (ii)   there is an opposition to the registration but the Registrar's
               decision, or (in the case of an appeal against the Registrar's
               decision) the decision on appeal, is that the trade mark should
               be registered; Part 7 is to apply in relation to the
               registration of the trade mark.

(4) If, when dealing with the application under the repealed Act as provided
by paragraph (2)(a), the Registrar withdraws the acceptance of the application
under subsection 44(3) of that Act, the following provisions apply:

   (a)  subject to subsection 240(2) and subsection (5) of this section, the
        application is to be dealt with in accordance with this Act as if it
        were an application whose acceptance had been revoked under subsection
        38(1);

   (b)  if:

        (i)    there is no opposition to the registration; or

        (ii)   there is an opposition to the registration but the Registrar's
               decision, or (in the case of an appeal against the Registrar's
               decision) the decision on appeal, is that the trade mark should
               be registered; Part 7 is to apply in relation to the
               registration of the trade mark.

(5) The filing date in respect of the application is:

   (a)  if paragraph (b) does not apply-the day on which the application was
        lodged with the Trade Marks Office under the repealed Act; or

   (b)  if section 43 of the repealed Act applied to the application and the
        Registrar had made the proper direction-the day on which the
        application is to be taken to have been lodged with the Trade Marks
        Office under the repealed Act. 


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