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

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An examiner must reject an application under section 41 of the Trade Marks Act 1995 (Cth) only if the trade mark is not capable of distinguishing the designated goods or services. What is the FIRST factor the Registrar must take into account when applying section 41?

The applicant's intention to use the mark Whether any earlier conflicting mark is on the Register The extent to which the trade mark is inherently adapted to distinguish the designated goods or services The reputation acquired by the mark since the filing date

Correct Answer:

The extent to which the trade mark is inherently adapted to distinguish the designated goods or services

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