Trade Marks Act 1995

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

it lapses (see sections 37 and 54A), is withdrawn (see section 214) or is rejected (see section 33); or

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

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

there is an appeal against the decision; and

the decision is confirmed on appeal;

the trade mark is registered under section 68.

For file see section 6.

An application for the registration of a trade mark under the repealed Act was pending immediately before 1 January 1996 if before that day:

the application had not lapsed (see subsection 48(1)), been withdrawn (see subsection 40A(1)) or refused (see subsection 44(1)); and

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:

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

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

the trade mark had not been registered under section 53.