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Copyright/Trade Mark overlap: s42(b) grounds for opposition where a non-exclusive licensee to a copyright work tries to register it as a trade mark

May 2, 2026contrary to law, Copyright design overlap, copyright infringement, copyright trade mark overlap, evolution of the law, exclusive licensee, Hearing officers, industrially applied, IP AUSTRALIA, s 42(b) grounds for opposition, trade mark oppositionTarr Law

One of the grounds for opposition to registration of a trade mark is that use of the trade mark would be contrary to law. This ground, under s42(b) of the Trade Marks Act 1995 (Cth), is often used where:1) The …