Document ID: chunk:federal_register_of_legislation:C2024C00545:section:243
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 243
Character Range: 307399–309195

243  More than one application lodged on same day for registration of same trade mark
 (1) If:
 (a) before 1 January 1996 a person made a number of applications each seeking the registration of one and the same trade mark but in respect of goods or services of different classes; and
 (b) all the applications were lodged, or were taken under the repealed Act to have been lodged, on the same day with the Trade Marks Office;
the applications are called linked applications in this section.
 (2) This section applies if, immediately before 1 January 1996, a number of linked applications for the registration of a trade mark were pending and had not been accepted.
Note: For pending see subsection 11(2).
 (3) If, at any time on or after 1 January 1996, there are linked applications pending, the applicant may, subject to subsection (4), apply to the Registrar to have some or all of those applications dealt with under this Act as if they were one application for the registration of the trade mark in respect of all goods and services specified in those applications.
Note: For pending see subsection 11(1).
 (4) If:
 (a) one of the linked applications has been accepted under Part 4; and
 (b) the acceptance has been advertised;
that application may not be included in the application made to the Registrar under subsection (3).
 (5) If an application is made under subsection (3), the Registrar must deal with the linked applications as if they were a single application for the registration of a trade mark made on 1 January 1996.
 (6) The filing date for the single application taken to have been made under subsection (5) is the day on which the linked applications were lodged, or were taken to have been lodged (as the case may be), with the Trade Marks Office under the repealed Act.