Commonwealth Numbered Acts

TRADE MARKS AMENDMENT ACT 1978 No. 130 of 1978 - SECT 11

11. Section 33 of the Principal Act is amended-

   (a)  by omitting from sub-section (1) ''or of goods of the same
        description'' and substituting '', of goods of the same description as
        those goods or of services that are closely related to those goods'';
        and

   (b)  by omitting sub-section (2) and inserting the following sub-sections:

''(2) Subject to this Act, a trade mark is not capable of registration by a
person in respect of services if it is substantially identical with or
deceptively similar to a trade mark which is registered, or is the subject of
an application for registration, by another person in respect of the same
services, of services of the same description as those services, or of goods
that are closely related to those services, unless the date of registration of
the first-mentioned trade mark is, or will be, earlier than the date of
registration of the second-mentioned trade mark.

''(3) Where, in accordance with this section, a trade mark is not capable of
registration by reason of the existence of another trade mark, the Registrar
may defer acceptance of the application for registration of the
first-mentioned trade mark until the second-mentioned trade mark has been
registered.''.