Document ID: chunk:federal_register_of_legislation:F2024C00893:front:0:p25
Version: federal_register_of_legislation:F2024C00893
Segment Type: other
Provision Reference: 
Character Range: 63718–66455

notified by the International Union for the Protection of Industrial Property as not entitled to registration under international arrangements;
 (f) a sign specified in Schedule 2.
Note 1: For the meaning of EL rights, see section 5 of the Circuit Layouts Act 1989.
Note 2: A list of the marks mentioned in paragraph 4.15(e) is available at the Trade Marks Office and sub‑offices (if any).

4.15A  Grounds for rejection—trade mark identical etc to trade mark protected under Madrid Protocol
 (1) For section 189A of the Act, and subject to subregulations (3) and (5), 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 protected international trade mark; or
 (ii) a trade mark in respect of which the Registrar has received notification of an IRDA;
  held by another person in respect of similar goods or closely related services; 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 other trade mark in respect of the similar goods or closely related services.
Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.
 Division 2 of Part 4 of the Act includes provisions relating to the grounds on which an application for the registration of a trade mark must be rejected.
 (2) For section 189A of the Act, and subject to subregulations (3) and (5), 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) the applicant's trade mark is substantially identical with, or deceptively similar to:
 (i) a protected international trade mark; or
 (ii) a trade mark in respect of which the Registrar has received notification of an IRDA;
  held by another person in respect of similar services or closely related goods; 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 other trade mark in respect of the similar services or closely related goods.
Note: Under subsection 189A(3) of the Act, regulations made for the purposes of section 189A:
(a) may be inconsistent with the Act; and
(b) prevail over the Act (including any other regulations or other instruments made under the Act), to the extent of any inconsistency.
 Division