Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 187

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 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 grounds for opposing registration.