Relevant Legislation

Date Published

Trade Marks Act 1995​​​​​​​

Section 17 Function as a trade mark

Section 24 Trade mark consisting of sign that becomes accepted as sign describing article etc.

Section 39 Trade mark containing etc. certain signs

Section 41 Trade mark not distinguishing applicant’s goods or services

Section 42 Trade mark scandalous or its use contrary to law

Section 43 Trade mark likely to deceive or cause confusion

Section 87 Amendment or cancellation - loss of exclusive rights to use trade mark

Section 88 Amendment or cancellation - other specified grounds


Plant Breeder’s Rights Act 1994

Section 11 General nature of PBR

Section 27 Names of new plant varieties

Section 53 Infringement of PBR