Document ID: chunk:federal_register_of_legislation:C2025C00117:section:40rb:p2
Version: federal_register_of_legislation:C2025C00117
Segment Type: section
Provision Reference: s 40RB (pt 2/2)
Character Range: 159836–160903

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 GI 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 GI; 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 GI 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.