Commonwealth Numbered Acts

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 61

61. The registration of a trade mark may be opposed on the ground that:

   (a)  it is substantially identical with, or deceptively similar to, a trade
        mark that, before the filing date in respect of the application for
        the registration of the first-mentioned trade mark, had 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.