Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:3_40rb:p2
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 3 cl 40RB (pt 2/2)
Character Range: 82612–83425

the applicant would have trade mark rights in the word or expression.

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 or expression that is identical to the proposed GI; and
 (ii) the person has trade mark rights in that word or expression; and
 (iii) the rights were acquired through use in good faith;
 (b) that:
 (i) the trade mark consists of or contains a word or expression; and
 (ii) the proposed GI is likely to cause confusion with that word or expression; and
 (iii) the person has trade mark rights in that word or expression; and
 (iv) the rights were acquired through use in good faith.