Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 60

Trade mark similar to trade mark that has acquired a reputation in Australia

    The registration of a trade mark in respect of particular goods or services may be opposed on the ground that:

  (a)   another trade mark had, before the priority date for the registration of the first - mentioned trade mark in respect of those goods or services, acquired a reputation in Australia; and

  (b)   because of the reputation of that other trade mark, the use of the first - mentioned trade mark would be likely to deceive or cause confusion.

Note:   For priority date see section   12.


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