Document ID: chunk:federal_register_of_legislation:C2024C00545:section:44:p2
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 44 (pt 2/2)
Character Range: 74732–76104

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 conditions or limitations that the Registrar thinks fit to impose. If the applicant's trade mark has been used only in a particular area, the limitations may include that the use of the trade mark is to be restricted to that particular area.
Note: For limitations see section 6.
 (4) If the Registrar in either case is satisfied that the applicant, or the applicant and the predecessor in title of the applicant, have continuously used the applicant's trade mark for a period:
 (a) beginning before the priority date for the registration of the other trade mark in respect of:
 (i) the similar goods or closely related services; or
 (ii) the similar services or closely related goods; and
 (b) ending on the priority date for the registration of the applicant's trade mark;
the Registrar may not reject the application because of the existence of the other trade mark.
Note 1: An authorised use of the trade mark by a person is taken to be a use of the trade mark by the owner of the trade mark (see subsection 7(3)).
Note 2: For predecessor in title see section 6.
Note 3: For priority date see section 12.

Division 3—Divisional applications