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pending if it has not lapsed or been withdrawn and: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(2) An application for the registration of a trade mark under the repealed Act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(a) it had not lapsed or been withdrawn under the repealed Act; and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.