TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 49 Divisional application for registration of trade mark in respect of goods or services excluded from the initial application

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 49

49.(1) This section applies if the initial application for the registration of
a trade mark is amended to exclude some of the goods or services specified in
that application before its amendment.

(2) If the initial application is amended:

   (a)  before a decision is made about it under section 32; or

   (b)  if the initial application is accepted-before its acceptance is
        advertised in the Official Journal; the applicant may, within the
        prescribed period but subject to subsection (3), make a
        divisional application for the registration of the trade mark in
        respect of any or all of the goods or services that have been excluded
        from the initial application.

(3) If the initial application has been accepted, the divisional application
may not be made after the acceptance is advertised in the Official Journal.

(4) If the initial application (whether it has already been amended or not) is
amended after its acceptance has been advertised in the Official Journal, the
applicant may, within the prescribed period, make a divisional application for
the registration of the trade mark in respect of any or all of the goods or
services that have been excluded from the application whose acceptance was
advertised in the Official Journal.