Commonwealth Numbered Acts

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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 45

Definition of divisional application
45. (1) A person who has made an application (initial application) for the
registration of a trade mark in respect of certain goods and/or services may,
in accordance with this Division, make another application (divisional
application):

   (a)  for the registration of a part only of the trade mark in respect of
        any or all those goods and/or services; or

   (b)  for the registration of the trade mark in respect of some only of the
        goods and/or services in respect of which registration is sought under
        the initial application; or

   (c)  if the initial application has been amended to exclude some of the
        goods and/or services in respect of which registration was sought in
        the first place-for the registration of the trade mark in respect of
        any or all of the goods and/or services that have been so excluded.

(2) For the purposes of this Division, the initial application is taken to be
the application whose particulars have been published by the Registrar under
section 30. 


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