Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 40RB

Registered owner of a registered trade mark

  (1)   The registered owner of a registered trade mark may object to the determination of a proposed GI on one of the following grounds:

  (a)   that the trade mark consists of a word, expression or other indication that is identical to the proposed GI;

  (b)   that:

  (i)   the trade mark consists of a word, expression or other indication; and

  (ii)   the proposed GI is likely to cause confusion with that word, expression or other indication;

  (c)   that:

  (i)   the trade mark contains a word, expression or other indication; and

  (ii)   the proposed GI is likely to cause confusion with that word, expression or other indication; and

  (iii)   the owner has trade mark rights in that word, expression or other indication.

  (2)   The owner may object on the ground specified in paragraph   (1)(c) even if there are conditions or limitations entered on the Register of Trade Marks suggesting that the owner does not have trade mark rights to that word, expression or other indication.

Trade mark pending

  (3)   If a person has an application pending for the registration of a trade mark under the Trade Marks Act 1995, the person may object to the determination of a proposed GI on one of the following grounds:

  (a)   that:

  (i)   the application was made in good faith; and

  (ii)   the trade mark consists of a word, expression or other indication that is identical to the proposed GI; and

  (iii)   prima facie, the requirements under the Trade Marks Act 1995 for accepting an application for registration of a trade mark would be satisfied in respect of the trade mark applied for;

  (b)   that:

  (i)   the application was made in good faith; and

  (ii)   the trade mark consists of a word, expression or other indication; and

  (iii)   the proposed GI is likely to cause confusion with that word, expression or other indication; and

  (iv)   prima facie, the requirements under the Trade Marks Act 1995 for accepting an application for registration of a trade mark would be satisfied in respect of the trade mark applied for;

  (c)   that:

  (i)   the application was made in good faith; and

  (ii)   the trade mark contains a word, expression or other indication; and

  (iii)   the proposed GI is likely to cause confusion with that word, expression or other indication; and

  (iv)   prima facie, the requirements under the Trade Marks Act 1995 for accepting an application for registration of a trade mark would be satisfied in respect of the trade mark applied for; and

  (v)   after registration, the applicant would have trade mark rights in the word, expression or other indication.

Trade mark not registered

  (4)   If a person claims to have trade mark rights in a trade mark that is not registered, the person may object to the determination of a proposed GI on one of the following grounds:

  (a)   that:

  (i)   the trade mark consists of a word, expression or other indication that is identical to the proposed GI; and

  (ii)   the person has trade mark rights in that word, expression or other indication; and

  (iii)   the rights were acquired through use in good faith;

  (b)   that:

  (i)   the trade mark consists of or contains a word, expression or other indication; and

  (ii)   the proposed GI is likely to cause confusion with that word, expression or other indication; and

  (iii)   the person has trade mark rights in that word, expression or other indication; and

  (iv)   the rights were acquired through use in good faith.