5.4 Relative grounds preventing registration

The Commissioner must be satisfied that there are no relative grounds that would prevent the registration of the collective mark.²³ The relative grounds for not registering a trade mark are concerned with conflict between the applicant and rights held by other persons, entities or traders and are set out in sections 22 to 30 of the Act.

A collective mark application is examined in the same way as a standard trade mark application to determine whether it complies with the relative grounds of refusal in the Act. For more information on relative grounds that would prevent the registration of a collective mark, please refer to the following Practice Guidelines:

• Relative Grounds: Prescribed Words and Abbreviations
• Relative Grounds: Names or Representations of Persons
• Relative Grounds: Representations of the Royal Family
• Relative Grounds: Identical and Similar Marks
• Relative Grounds: Flags, Armorial Bearings, State Emblems and similar

Footnote

²³ Section 13(2) of the Trade Marks Act 2002. The absolute and relative grounds are set out in Part 2 of the Act.