s 60
In forceTrade mark similar to trade mark that has acquired a reputation in Australia
Part 5Opposition to registration
Division 2Grounds for opposing registration
60 Trade mark similar to trade mark that has acquired a reputation in Australia
The registration of a trade mark in respect of particular goods or services may be opposed on the ground that:
(a)
another trade mark had, before the priority date for the registration of the first‑mentioned trade mark in respect of those goods or services, 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:
For priority date see section 12.
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