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

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Where a trade mark is to SOME extent inherently adapted to distinguish but not sufficiently so on its own, which subsection of section 41 applies and what does the Registrar consider?

Section 41(4); the combined effect of inherent adaptation, any use, and any other circumstances, to decide whether the mark does or will distinguish Section 41(3); only use before the filing date Section 41(2); the reputation of competitors' marks Section 44; the similarity to earlier registered marks

Correct Answer:

Section 41(4); the combined effect of inherent adaptation, any use, and any other circumstances, to decide whether the mark does or will distinguish

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