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TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 60
Trade mark similar to trade mark that has acquired a reputation in Australia
60. The registration of a trade mark in respect of particular goods or
services may be opposed on the ground that:
(a) it is substantially identical with, or deceptively similar to, a trade
mark that, before the priority date for the registration of the
first-mentioned trade mark in respect of those goods or services, had
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 1: For deceptively similar see section 10. Note 2: For
priority date see section 12.
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