Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 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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