Document ID: chunk:federal_register_of_legislation:C2024C00545:section:187
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 187
Character Range: 240989–242014

187  Additional grounds for rejecting application for registration or opposing registration
  In addition to any other ground on which:
 (a) an application for the registration of a trade mark as a defensive trade mark may be rejected; or
 (b) the registration of a trade mark as a defensive trade mark may be opposed;
the application must be rejected or the registration may be opposed:
 (c) if the trade mark is not registered as a trade mark in the name of the applicant; or
 (d) in the case of a registered trade mark—if it is not likely that the use of the trade mark in relation to the goods or services in respect of which its registration as a defensive trade mark is sought will be taken to indicate that there is a connection between those goods or services and the registered owner.
Note: Division 2 of Part 4 sets out the main grounds for rejecting an application but section 41 does not apply to defensive trade marks (see section 186). Division 2 of Part 5 sets out the main grounds for opposing registration.