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.