On appeal under s 56 of the Trade Marks Act 1995 (Cth) in opposition proceedings, the Court should consider whether the trade mark should clearly not be registered; only if so satisfied should the Court uphold an opposition. Before refusing leave to appeal under s 195(2), the Full Court should be satisfied that a decision upholding an opposition is undoubtedly correct. An advertisement referring to a trade mark as the name of a proposed facility within a larger centre does not constitute 'use' of the mark in relation to the services of that facility where the mark applies to the centre rather than to the individual facility.
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