Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 23

Limitation on rights if similar trade marks etc. registered by different persons

    If trade marks that are substantially identical or deceptively similar have been registered by more than one person (whether in respect of the same or different goods or services), the registered owner of any one of those trade marks does not have the right to prevent the registered owner of any other of those trade marks from using that trade mark except to the extent that the first - mentioned owner is authorised to do so under the registration of his or her trade mark.

Note:   For deceptively similar see section   10.


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