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1. Introduction
Up one level
Subpart 3 of Part 2 of the Trade Marks Act 2002 (the Act) contains the relative grounds for not registering a trade mark, and incorporates sections 22 to 30 of the Act. Pursuant to section 25 of the Act, the Commissioner may refuse to register a trade mark on the grounds that it conflicts with another trade mark that belongs to a different owner. These Guidelines focus on methods of overcoming a citation both under section 26 of the Act and by other means.
Section 26 sets out three situations where the Commissioner must register a trade mark notwithstanding the fact that section 25 applies.
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