Document ID: chunk:federal_register_of_legislation:C2006A00114:clause:1_46
Version: federal_register_of_legislation:C2006A00114
Segment Type: clause
Provision Reference: sch 1 cl 46
Character Range: 18142–19064

46  Rules relating to divisional applications

 (1) A divisional application must:
 (a) be for the registration of the trade mark to which the parent application relates; and
 (b) specify the goods and/or services to which it relates; and
 (c) specify the goods and/or services that are to remain in the parent application.

Note: For divisional application and parent application see section 45.

 (2) When a divisional application is made, the Registrar must, unless the parent application has lapsed, amend the parent application by excluding the goods and/or services in respect of which the divisional application is made.

Note: Section 204 requires the Registrar, where no time or period is specified for doing a thing, to do the thing as soon as practicable. However, it is possible that a parent application will lapse before it is practicable for the Registrar to amend it under subsection (2) of this section.