s 39
In forceTrade mark containing etc. certain signs
Part 4Application for registration
Division 2Grounds for rejecting an application
39 Trade mark containing etc. certain signs
(1)
An application for the registration of a trade mark must be rejected if the trade mark contains or consists of a sign that, under regulations made for the purposes of section 18, is not to be used as a trade mark.
(2)
An application for the registration of a trade mark may be rejected if the trade mark contains or consists of:
(a)
a sign that is prescribed for the purposes of this subsection; or
(b)
a sign so nearly resembling:
(i)
a sign referred to in paragraph (a); or
(ii)
a sign referred to in subsection (1);
as to be likely to be taken for it.
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