Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 49

49. (1) This section applies if the initial application for the registration
of a trade mark is amended to exclude some of the goods and/or services
specified in that application before its amendment. It provides for the making
of a divisional application in respect of any or all of the excluded goods
and/or services.

(2) If the initial application is amended:

   (a)  before a decision is made about it under section 33; or

   (b)  if the initial application is accepted-before its acceptance is
        advertised in the Official Journal; the applicant may, within the
        prescribed period but subject to subsection (3), make a divisional
        application for the registration of the trade mark in respect of any
        or all of the goods and/or services that have been excluded from the
        initial application.

(3) If the initial application has been accepted, the divisional application
may not be made after the acceptance is advertised in the Official Journal.

(4) If the initial application (whether it has already been amended or not) is
amended after its acceptance has been advertised in the Official Journal, the
applicant may, within the prescribed period, make a divisional application for
the registration of the trade mark in respect of any or all of the goods
and/or services that have been excluded from the application whose acceptance
was advertised in the Official Journal. Note 1: For initial application and
divisional application see section 45. Note 2: For applicant see section 6.