Opponent’s earlier use of similar trade mark
58A Opponent’s earlier use of similar trade mark
This section applies to a trade mark (section 44 trade mark) the application for registration of which has been accepted because of:
subsection 44(4); or
a similar provision of the regulations made for the purposes of Part 17A.
Subsection 44(4) prevents rejection of an application for registration of a trade mark that is substantially identical with, or deceptively similar to, a registered trade mark or a trade mark whose registration is being sought where the first‑mentioned trade mark has been continuously used since before the priority date of the other trade mark.
The registration of the section 44 trade mark may be opposed on the ground that the owner of the substantially identical or deceptively similar trade mark (similar trade mark) or the predecessor in title:
first used the similar trade mark in respect of:
similar goods or closely related services; or
similar services or closely related goods;
before the owner of the section 44 trade mark or the predecessor in title in relation to the section 44 trade mark first used the section 44 trade mark; and
has continuously used the similar trade mark in respect of those goods or services since that first use.
For predecessor in title see section 6.
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