Document ID: chunk:federal_register_of_legislation:C2005C00021:clause:3_40rb:p1
Version: federal_register_of_legislation:C2005C00021
Segment Type: clause
Provision Reference: sch 3 cl 40RB (pt 1/2)
Character Range: 80258–82829

40RB  Grounds of objection to the determination of a geographical indication

Registered owner of a registered trade mark

 (1) The registered owner of a registered trade mark may object to the determination of a proposed GI on one of the following grounds:
 (a) that the trade mark consists of a word or expression that is identical to the proposed GI;
 (b) that:
 (i) the trade mark consists of a word or expression; and
 (ii) the proposed GI is likely to cause confusion with that word or expression;
 (c) that:
 (i) the trade mark contains a word or expression; and
 (ii) the proposed GI is likely to cause confusion with that word or expression; and
 (iii) the owner has trade mark rights in that word or expression.

 (2) The owner may object on the ground specified in paragraph (1)(c) even if there are conditions or limitations entered on the Register of Trade Marks suggesting that the owner does not have trade mark rights to that word or expression.

Trade mark pending

 (3) If a person has an application pending for the registration of a trade mark under the Trade Marks Act 1995, the person may object to the determination of a proposed GI on one of the following grounds:
 (a) that:
 (i) the application was made in good faith; and
 (ii) the trade mark consists of a word or expression that is identical to the proposed GI; and
 (iii) prima facie, the requirements under the Trade Marks Act 1995 for accepting an application for registration of a trade mark would be satisfied in respect of the trade mark applied for;
 (b) that:
 (i) the application was made in good faith; and
 (ii) the trade mark consists of a word or expression; and
 (iii) the proposed GI is likely to cause confusion with that word or expression; and
 (iv) prima facie, the requirements under the Trade Marks Act 1995 for accepting an application for registration of a trade mark would be satisfied in respect of the trade mark applied for;
 (c) that:
 (i) the application was made in good faith; and
 (ii) the trade mark contains a word or expression; and
 (iii) the proposed GI is likely to cause confusion with that word or expression; and
 (iv) prima facie, the requirements under the Trade Marks Act 1995 for 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 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