4. Factors to consider when assessing section 43

Date Published

If the trade mark, or some part of the trade mark, contains a connotation that would be likely to deceive or confuse consumers within the relevant market, then a ground for rejection should be raised.

​​​​​​​4.1 Geographical indications for wine

For details of examination practice relating to class 33 applications see Part 32B.

4.2​​​​​​​ Plant variety names

If a trade mark contains or consists of word/s which connote a particular plant variety or other plant name, and is applied to plants or plant materials of the same or a closely related genus, it is likely to deceive or cause confusion as to the true nature of those plants or plant materials and a ground for rejection under section 43 of the Act will be appropriate.

For details of practice in examination of applications for registration of trade marks covering plants and/or plant materials in class 31 see Part 32A.

Amended Reasons

Amended Reason Date Amended

Breaking part 29.4 into new pages

4.13 Claims to Indigenous origin - added