TTIPAB Trade Marks Attorney Practice Questions - Australian Trade Marks Attorney Registration Examinations (TTIPAB) Exam

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A mark is found to be NOT to any extent inherently adapted to distinguish the designated goods. Under the post-Raising the Bar structure of section 41, which subsection applies and what must the applicant show?

Subsection 41(4) applies; the applicant must show the mark does in fact distinguish through use before the filing date Subsection 41(3) applies; the application must simply be accepted because the mark is a recognised word Subsection 41(4) applies; no further evidence is needed Subsection 41(3) applies; the application is rejected unless use before the filing date has caused the mark to in fact distinguish the goods as the applicant's

Correct Answer:

Subsection 41(3) applies; the application is rejected unless use before the filing date has caused the mark to in fact distinguish the goods as the applicant's

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