Commonwealth Numbered Acts

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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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