Grounds for rejecting an application

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


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