Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 89

89. (1) The court may decide not to grant an application for rectification
made:

   (a)  under section 87; or

   (b)  on the ground that the trade mark is liable to deceive or confuse (a
        ground on which its registration could have been opposed, see
        paragraph 88(2)(a)); or

   (c)  on the ground referred to in paragraph 88(2)(c); if the registered
        owner of the trade mark satisfies the court that the ground relied on
        by the applicant has not arisen through any act or fault of the
        registered owner. Note: For registered owner see section 6.

(2) In making a decision under subsection (1), the court:

   (a)  must also take into account any matter that is prescribed; and

   (b)  may take into account any other matter that the court considers
        relevant.