Document ID: chunk:federal_register_of_legislation:F2025C00049:reg:62:p2
Version: federal_register_of_legislation:F2025C00049
Segment Type: reg
Provision Reference: reg 62 (pt 2/2)
Character Range: 78626–80062

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 item 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 item; 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 item 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.

Common use
 (5) A person may object to the determination of a proposed item on the ground that the proposed item is used in Australia:
 (a) as the common name of a type or style of wine; or
 (b) as the name of a variety of grapes.

Division 3—Consideration of objections to determination of foreign GIs or translation of foreign GIs