9. Divisional Applications and the Intellectual Property Laws Amendment (Raising the Bar) Act 2012

Date Published

For divisional applications lodged on or after 15 April 2013, the wording of section 41 which is relevant depends on the filing date taken from the parent application (or if the parent application is itself a divisional application, the filing date of the earliest application in the chain of divisional applications).

If this filing date is prior to 15 April 2013, then the pre-amendment wording for section 41 is relevant (grounds for rejection under s41 (5) or (6)). If this filing date is on or after 15 April 2013, then the amended wording for section 41 is relevant (grounds for rejection under s41 (4) or (3)).

By way of example:

Trade Mark No.

Applicant

Date Filed

Filing Date

S41 grounds for rejection considered under

TM 1

ABC Pty Ltd

1/8/2010

1/8/2010

Pre-amendment S41(5) or (6)

TM 2

ABC Pty Ltd

1/6/2013

1/8/2010

(claimed from TM 1)

Pre-amendment S41(5) or (6)

Where TM 2 is a valid divisional application of TM 1


Trade Mark No.

Applicant

Date Filed

Filing Date

S41 grounds for rejection considered under

TM 3

XYZ Pty Ltd

1/6/2013

1/6/2013

Post-amendment S41(4) or (3)

TM 4

XYZ Pty Ltd

1/2/2014

1/6/2013

(claimed from TM 3)

Post-amendment S41(4) or (3)

Where TM 4 is a valid divisional application of TM 3.

Amended Reasons

Amended Reason Date Amended

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