Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 243
More than one application lodged on same day for registration of same trade mark
243. (1) If:
(a) before 1 January 1996 a person made a number of applications each
seeking the registration of one and the same trade mark but in respect
of goods or services of different classes; and
(b) all the applications were lodged, or were taken under the repealed Act
to have been lodged, on the same day with the Trade Marks Office; the
applications are called linked applications in this section.
(2) This section applies if, immediately before 1 January 1996, a number of
linked applications for the registration of a trade mark were pending and had
not been accepted. Note: For pending see subsection 11(2).
(3) If, at any time on or after 1 January 1996, there are linked applications
pending, the applicant may, subject to subsection (4), apply to the Registrar
to have some or all of those applications dealt with under this Act as if they
were one application for the registration of the trade mark in respect of all
goods and services specified in those applications. Note: For pending see
subsection 11(1).
(4) If:
(a) one of the linked applications has been accepted under Part 4; and
(b) the acceptance has been advertised in the Official Journal; that
application may not be included in the application made to the
Registrar under subsection (3).
(5) If an application is made under subsection (3), the Registrar must deal
with the linked applications as if they were a single application for the
registration of a trade mark made on 1 January 1996.
(6) The filing date for the single application taken to have been made under
subsection (5) is the day on which the linked applications were lodged, or
were taken to have been lodged (as the case may be), with the Trade Marks
Office under the repealed Act.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback