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TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 12 Definition of "pending"

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 12

Definition of "pending"
12.(1) An application for the registration of a trade mark under this Act is
pending if it has not lapsed or been withdrawn and:

   (a)  the Registrar has not yet made a decision about it under section 32;
        or

   (b)  the Registrar has accepted it under subsection 32(3) but has not yet
        made a decision whether to register the trade mark or not under
        section 55.

(2) An application for the registration of a trade mark under the repealed Act
was pending immediately before the commencement of this Act if:

   (a)  it had not lapsed or been withdrawn under the repealed Act; and

   (b)  before the commencing day:

        (i)    the Registrar had not made a decision about it under
               subsection 44(1) of that Act; or

        (ii)   the Registrar had accepted it under that subsection but had not
               yet made a decision whether to register the trade mark or not
               under subsection 50(1) of that Act.