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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 242
Divisional application in relation to pending application
242. (1) This section applies if, immediately before 1 January 1996, an
application (initial application) for the registration of a trade mark in the
old register was pending and had not been accepted. Note 1: For old register
see section 6. Note 2: For pending see subsection 11(2).
(2) If:
(a) at any time within 6 months after 1 January 1996, the initial
application is still pending; and
(b) a part of the trade mark, by itself, may be registered as a trade
mark; the applicant may, subject to subsection (4), make an
application (divisional application) for the registration of that part
as a trade mark in respect of any or all of the goods or services
specified in the initial application. Note: For pending see
subsection 11(1).
(3) If the initial application:
(a) was amended under the repealed Act to exclude some of the goods and/or
services specified in the application before its amendment; and
(b) is still pending at any time within one month after 1 January 1996;
the applicant may, subject to subsection (4), make an application
(divisional application) for the registration of the trade mark in
respect of any or all of the goods and/or services that were excluded
from the initial application. Note: For pending see subsection 11(1).
(4) If the initial application is accepted under Part 4, a divisional
application may not be made after the acceptance is advertised in the Official
Journal.
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