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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 247
Amendment of application-specification of goods or services
247. (1) This section applies if:
(a) immediately before 1 January 1996 an application for the registration
of a mark in Part A, B, C or D of the old register (other than an
application made under section 39 of the repealed Act) was pending and
had not been accepted; and
(b) the application had previously been amended; and
(c) the application as amended did not relate to all of the goods or
services specified in the application before its amendment. Note 1:
For old register see section 6. Note 2: For pending see
subsection 11(2).
(2) The applicant may, within 6 months after 1 January 1996, apply to the
Registrar for the application to be again amended so as to relate to some or
all of the goods or services specified in the application before its amendment
under the repealed Act, if:
(a) the application is still pending under this Act; and:
(i) it has not been accepted; or
(ii) if it has been accepted, the acceptance has not been advertised
in the Official Journal; and
(b) subsection 43(3) of the repealed Act would apply in relation to a
further application for the registration of the mark in respect of the
goods or services included from the original application, if that Act
were still in force. Note: For pending see subsection 11(1).
(3) If an application is amended under subsection (2), it must (if necessary)
be also amended so as to be in accordance with Part 4.
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