Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 187

    In addition to any other ground on which:

  (a)   an application for the registration of a trade mark as a defensive trade mark may be rejected; or

  (b)   the registration of a trade mark as a defensive trade mark may be opposed;

the application must be rejected or the registration may be opposed:

  (c)   if the trade mark is not registered as a trade mark in the name of the applicant; or

  (d)   in the case of a registered trade mark--if it is not likely that the use of the trade mark in relation to the goods or services in respect of which its registration as a defensive trade mark is sought will be taken to indicate that there is a connection between those goods or services and the registered owner.

Note:   Division   2 of Part   4 sets out the main grounds for rejecting an application but section   41 does not apply to defensive trade marks (see section   186). Division   2 of Part   5 sets out the main grounds for opposing registration.