Document ID: chunk:federal_register_of_legislation:C2006A00114:clause:1_45
Version: federal_register_of_legislation:C2006A00114
Segment Type: clause
Provision Reference: sch 1 cl 45
Character Range: 17402–18142

45  Divisional applications

 (1) If a single application for the registration of a trade mark in respect of certain goods and/or services is pending (parent application), the applicant may make another application (divisional application) 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 parent application.

Note: For applicant and pending see section 6.

 (2) To avoid doubt, the parent application may itself be a divisional application.

Note: A divisional application may be made by a person who has become the applicant in relation to the parent application because of subsection 108(2) (which deals with assignment and transmission).