Commonwealth Numbered Acts

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 41

41.(1) Subject to subsection (2), an application for the registration of a
trade mark must be rejected if the trade mark consists wholly or principally
of a sign that is ordinarily used to indicate:

   (a)  the kind, quality, quantity, intended purpose, value, geographical
        origin, or some other characteristic, of the goods or services; or

   (b)  the time of production of the goods or of the rendering of the
        services.

(2) The application must not be rejected if the applicant establishes that,
because of the extent to which the applicant has used the trade mark, the
trade mark does distinguish the goods or services in relation to which it has
been used as being those of the applicant.