(1) This section—
(a) applies if the initial application for the registration of a trade mark is amended to exclude some of the goods or services or both specified in that application before its amendment; and
(b) it provides for the making of a divisional application in respect of any or all of the excluded goods or services or both.
(2) If the initial application is amended—
(a) before a decision is made about it under section 17; or
(b) if the initial application is accepted, before notice of its acceptance is published in the Gazette under section 18,
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 or both 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 notice of the acceptance is published in the Gazette under section 18.
(4) If the initial application, whether it has already been amended or not, is amended after notice of its acceptance has been in the Gazette under section 18, 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 or both that have been excluded from the application whose notice of acceptance was so published.