Document ID: chunk:federal_register_of_legislation:C2024C00545:section:44:p1
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 44 (pt 1/2)
Character Range: 72234–74960

44  Identical etc. trade marks
 (1) Subject to subsections (3) and (4), an application for the registration of a trade mark (applicant's trade mark) in respect of goods (applicant's goods) must be rejected if:
 (a) the applicant's trade mark is substantially identical with, or deceptively similar to:
 (i) a trade mark registered by another person in respect of similar goods or closely related services; or
 (ii) a trade mark whose registration in respect of similar goods or closely related services is being sought by another person; and
 (b) the priority date for the registration of the applicant's trade mark in respect of the applicant's goods is not earlier than the priority date for the registration of the other trade mark in respect of the similar goods or closely related services.
Note 1: For deceptively similar see section 10.
Note 2: For similar goods see subsection 14(1).
Note 3: For priority date see section 12.
Note 4: The regulations may provide that an application must also be rejected if the trade mark is substantially identical with, or deceptively similar to, a protected international trade mark or a trade mark for which there is a request to extend international registration to Australia: see Part 17A.
 (2) Subject to subsections (3) and (4), an application for the registration of a trade mark (applicant's trade mark) in respect of services (applicant's services) must be rejected if:
 (a) it is substantially identical with, or deceptively similar to:
 (i) a trade mark registered by another person in respect of similar services or closely related goods; or
 (ii) a trade mark whose registration in respect of similar services or closely related goods is being sought by another person; and
 (b) the priority date for the registration of the applicant's trade mark in respect of the applicant's services is not earlier than the priority date for the registration of the other trade mark in respect of the similar services or closely related goods.
Note 1: For deceptively similar see section 10.
Note 2: For similar services see subsection 14(2).
Note 3: For priority date see section 12.
Note 4: The regulations may provide that an application must also be rejected if the trade mark is substantially identical with, or deceptively similar to, a protected international trade mark or a trade mark for which there is a request to extend international registration to Australia: see Part 17A.
 (3) If the Registrar in either case is satisfied:
 (a) that there has been honest concurrent use of the 2 trade marks; or
 (b) that, because of other circumstances, it is proper to do so;
the Registrar may accept the application for the registration of the applicant's trade mark subject to any