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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 244

Application for registration of trade mark whose registration has been sought in Convention country
244. (1) This section applies if:

   (a)  an application for the registration in Australia of a trade mark whose
        registration had been sought in one or more than one Convention
        country was made under section 109 of the repealed Act; and

   (b)  immediately before 1 January 1996, the application was still pending.
        Note 1: For pending see subsection 11(2). Note 2: For Convention
        country see section 225.

(2) If:

   (a)  for the purposes of the repealed Act, the Registrar had been notified
        that an application had been made in that Convention country or in
        those Convention countries for the registration of the trade mark; and

   (b)  the trade mark is registered under this Act; subsection 72(2) applies
        in relation to the registration as if a right of priority had been
        claimed under section 29 for the registration of the trade mark.

(3) If the Registrar had not, for the purposes of the repealed Act, been
notified that an application had been made in that Convention country or in
those Convention countries for the registration of the trade mark, the
applicant must, within 6 months after 1 January 1996 but subject to subsection
(5), claim a right of priority for the registration of the trade mark in
accordance with section 29 in order to obtain registration from the date on
which that application or the earliest of those applications was made in a
Convention country.

(4) If:

   (a)  the applicant claims a right of priority for the registration of the
        trade mark under subsection (3); and

   (b)  the trade mark is registered under this Act; subsection 72(2) applies
        in relation to the registration.

(5) If the application is accepted under Part 4, the applicant may not claim a
right of priority in accordance with section 29 after the acceptance is
advertised in the Official Journal. 


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