Trademarks Act 2019 · Updated to 18 Mar 2022 · Part I · Preliminary
9. Determination of likelihood of confusion
Feedback & supportIn determining whether the use of a trademark is likely to cause confusion on the part of the public, the Registrar or the Court may take into account all factors relevant in the circumstances, including whether the use is likely to be associated with an earlier trademark.
Registrar
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
In determining whether the use of a sign is likely to cause confusion on the part of the public, the Registrar or the Court may take into account all factors relevant in the circumstances, including whether the use is likely to be associated with a registered trademark.
sign
“sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
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