TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 252 Application for registration of trade mark whose registration has been sought in Convention country

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 252

252.(1) This section applies if:

   (a)  an application for the registration in Australia of a trade mark whose
        registration had been sought in a Convention country was made under
        section  109 of the repealed Act; and

   (b)  the application was still pending immediately before the commencement
        of this Act.

(2) If the application had not been accepted under the repealed Act, the
applicant (or the applicant's successor in title) must, within 6 months after
the commencing day but before the application is accepted, claim priority for
the registration of the trade mark in accordance with section 27 in order to
obtain registration from the date on which an application was made in a
Convention country. If priority is so claimed and the trade mark is registered
under this Act, subsection 73(2) applies in relation to the registration.

(3) If:

   (a)  the application had been accepted, but the trade mark had not been
        registered, under the repealed Act; and

   (b)  the trade mark is registered under this Act; subsection 73(2) applies
        in relation to the registration as if priority had been claimed under
        section 27.