Commonwealth Consolidated Acts

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TRADE MARKS ACT 1995 - SECT 39

Trade mark containing etc. certain signs

             (1)  An application for the registration of a trade mark must be rejected if the trade mark contains or consists of a sign that, under regulations made for the purposes of section 18, is not to be used as a trade mark.

             (2)  An application for the registration of a trade mark may be rejected if the trade mark contains or consists of:

                     (a)  a sign that is prescribed for the purposes of this subsection; or

                     (b)  a sign so nearly resembling:

                              (i)  a sign referred to in paragraph (a); or

                             (ii)  a sign referred to in subsection (1);

as to be likely to be taken for it.



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