Commonwealth Numbered Acts

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 10

10.(1) If a trade mark that is registered, or whose registration is being
sought, in the name of a person and in respect of particular goods:

   (a)  is substantially identical with another trade mark that is registered,
        or whose registration is being sought, in the name of the same person
        and in respect of:

        (i)    the same goods; or

        (ii)   goods of the same description as those goods; or

        (iii)  services that are closely related to those goods; or

   (b)  so nearly resembles such a trade mark that the use of the first trade
        mark by another person would be likely to deceive or cause confusion;
        the 2 trade marks are associated trade marks.

(2) If a trade mark that is registered, or whose registration is being sought,
in the name of a person and in respect of particular services:

   (a)  is substantially identical with another trade mark that is registered,
        or whose registration is being sought, in the name of the same person
        and in respect of:

        (i)    the same services; or

        (ii)   services of the same description as those services; or

        (iii)  goods that are closely related to those services; or

   (b)  so nearly resembles such a trade mark that the use of the first trade
        mark by another person would be likely to deceive or cause confusion;
        the 2 trade marks are associated trade marks.