Document ID: chunk:federal_register_of_legislation:C2024C00545:section:61:p2
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 61 (pt 2/2)
Character Range: 90125–90871

to the relevant goods in a way that is likely to deceive or confuse members of the public as to the origin of the relevant goods.
 (4) An opposition on a ground referred to in subsection (1) also fails if the applicant establishes that:
 (a) the sign consists of a word or term that is a geographical indication; and
 (b) the word or term is a common English word or term; and
 (c) the applicant has not used, and does not intend to use, the trade mark in relation to the relevant goods in a way that is likely to deceive or confuse members of the public as to the origin of the relevant goods.
Note 1: For applicant, predecessor in title and geographical indication see section 6.
Note 2: For originate (in relation to wine only) see section 15.