Document ID: chunk:federal_register_of_legislation:C2024C00545:section:242
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 242
Character Range: 305945–307399

242  Divisional application in relation to pending application
 (1) This section applies if, immediately before 1 January 1996, an application (initial application) for the registration of a trade mark in the old register was pending and had not been accepted.
Note 1: For old register see section 6.
Note 2: For pending see subsection 11(2).
 (2) If:
 (a) at any time within 6 months after 1 January 1996, the initial application is still pending; and
 (b) a part of the trade mark, by itself, may be registered as a trade mark;
the applicant may, subject to subsection (4), make an application (divisional application) for the registration of that part as a trade mark in respect of any or all of the goods or services specified in the initial application.
Note: For pending see subsection 11(1).
 (3) If the initial application:
 (a) was amended under the repealed Act to exclude some of the goods and/or services specified in the application before its amendment; and
 (b) is still pending at any time within one month after 1 January 1996;
the applicant may, subject to subsection (4), make an application (divisional application) for the registration of the trade mark in respect of any or all of the goods and/or services that were excluded from the initial application.
Note: For pending see subsection 11(1).
 (4) If the initial application is accepted under Part 4, a divisional application may not be made after the acceptance is advertised.