Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 248

248. (1) If:

   (a)  an application under the repealed Act for the registration of a trade
        mark had lapsed (under subsection 48(1) of that Act); and

   (b)  the application would have been pending immediately before 1 January
        1996 if:

        (i)    an application had been made to the Registrar under the
               repealed Act for an extension of the time within which the
               application for registration would be accepted; and

        (ii)   the Registrar had allowed an extension of that time under that
               Act; the applicant may apply in writing to the Registrar for a
               declaration that the application is revived. Note: For pending
               see subsection 11(2).

(2) The Registrar must grant the application if he or she considers, in all
the circumstances of the case, that it is fair and reasonable to do so.

(3) If the Registrar declares that the application is revived, the application
is to be dealt with as if it were an application that was pending immediately
before 1 January 1996. Note 1: For pending see subsection 11(2). Note 2:
Sections 240 to 247 make provision relating to applications for registration
of trade marks that were pending immediately before 1 January 1996.