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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   (a)  was amended under the repealed Act to exclude some of the goods and/or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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