Part 4 of the Trade Marks Act 1995 (Cth) deals with applications for registration of a trade mark.
Division 1 of Part 4 deals with general issues such as how the application is made, who may apply, the obligations of the Registrar and so on.
Division 2 sets out the bases upon which an application may be rejected. These are:
Section 39 – Trade mark containing certain signs etc
Section 40 – Trade mark that cannot be represented graphically
Section 41 – Trade mark not distinguishing applicant’s goods or services
Section 42 – Trade mark scandalous or its use contrary to law
Section 43 – Trade mark likely to deceive or cause confusion
Section 44 – Identical etc trade marks