Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 61

61. (1) The registration of a trade mark in respect of particular goods
(relevant goods) may be opposed on the ground that the trade mark contains or
consists of a sign that is a geographical indication for goods (designated
goods) originating in:

   (a)  a country, or in a region or locality in a country, other than the
        country in which the relevant goods originated; or

   (b)  a region or locality in the country in which the relevant goods
        originated other than the region or locality in which the relevant
        goods originated.

(2) An opposition on a ground referred to in subsection (1) fails if the
applicant establishes that:

   (a)  the relevant goods originated in the country, region or locality
        identified by the geographical indication; or

   (b)  the sign has ceased to be used as a geographical indication for the
        designated goods in the country in which the designated goods
        originated; or

   (c)  the applicant, or a predecessor in title of the applicant, used the
        sign in good faith in respect of the relevant goods, or applied in
        good faith for the registration of the trade mark in respect of the
        relevant goods, before:

        (i)    1 January 1996; or

        (ii)   the day on which the sign was recognised as a geographical
               indication for the designated goods in their country of origin;
               whichever is the later; or

   (d)  if the registration of the trade mark is being sought in respect of
        wine or spirits (relevant wine or spirits)-the sign is identical with
        the name that, on 1 January 1995, was, in the country in which the
        relevant wine or spirits originated, the customary name of a variety
        of grapes used in the production of the relevant wine or spirits.

(3) An opposition on a ground referred to in subsection (1) also fails if the
applicant establishes that:

   (a)  although the sign is a geographical indication for the designated
        goods, it is also a geographical indication for the relevant goods;
        and

   (b)  the applicant has not used, and does not intend to use, the trade mark
        in relation to the relevant goods in a way that is likely to deceive
        or confuse members of the public as to the origin of the relevant
        goods. Note 1: For applicant, predecessor in title and geographical
        indication see section 6. Note 2: For originate (in relation to wine
        only) see section 15.