Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if:
(a) the Registrar of Trade Marks decides, under subsection 40RC (2) of the Act, that an objection to a proposed GI is made out, and the GI is subsequently registered in accordance with section 40ZD (2) of the Act; or
(b) a trade mark is registered or is the subject of a pending application under the Trade Marks Act 1995 and:
(i) after the registration of, or application for, the trade mark, a GI is proposed and registered; and
(ii) the trade mark is identical to, or is likely to be confused with, the GI.
(2) For subsection 40J (5) of the Act, the use of the trade mark mentioned in subregulation (1) to describe and present wine that did not originate in a region or locality indicated by an Australian GI mentioned in subregulation (1) is exempted from the operation of the offence provisions (to the extent that the offence provisions relate to the use of a registered GI) if:
(a) the trade mark is used in the description and presentation of the wine; and
(b) the origin of the wine is shown in the description and presentation of the wine in a way that is not likely to mislead.
(3) In subregulation (2):
"Australian GI" has the meaning it has in subsection 40P (1) of the Act.
"the offence provisions" has the meaning given in subsection 40J (1) of the Act.