1. Trade marks likely to deceive or cause confusion

Date Published

Section 43 of the Act reads as follows:

An application for the registration of a trade mark in respect of particular goods or services must be rejected if, because of some connotation that the trade mark or a sign contained in the trade mark has, the use of the trade mark in relation to those goods or services would be likely to deceive or cause confusion.

The application of section 43 is, by the wording of the section, mandatory. There is, therefore, no discretion to accept a trade mark that is caught by the provisions of this section. However for a trade mark to be caught by these provisions it is necessary for a decision maker to be clearly satisfied that use of the trade mark for the specified goods and / or services would be likely to deceive or cause confusion.