TRADE MARKS ACT 1995 - SECT 11 Definition of pending

TRADE MARKS ACT 1995 - SECT 11

Application for registration under this Act

  (1)   An application for the registration of a trade mark under this Act is pending from the time it is filed until:

  (a)   it lapses (see sections   37 and 54A), is withdrawn (see section   214) or is rejected (see section   33); or

  (b)   if the Registrar refuses (under section   55) to register the trade mark and there is no appeal against the decision--the end of the period allowed for the appeal; or

  (c)   if the Registrar refuses (under section   55) to register the trade mark and:

  (i)   there is an appeal against the decision; and

  (ii)   the decision is confirmed on appeal;

    --the day on which the decision is confirmed on appeal; or

  (d)   the trade mark is registered under section   68.

Note:   For file see section   6.

Application for registration under repealed Act

  (2)   An application for the registration of a trade mark under the repealed Act was pending immediately before 1   January 1996 if before that day:

  (a)   the application had not lapsed (see subsection   48(1)), been withdrawn (see subsection   40A(1)) or refused (see subsection   44(1)); and

  (b)   the Registrar had not refused (under section   50) to register the trade mark or if he or she had refused to register the trade mark:

  (i)   the period allowed for appealing against the decision had not yet ended; or

  (ii)   an appeal had been made against the decision but had not yet been decided; and

  (c)   the trade mark had not been registered under section   53.