Commonwealth Consolidated Acts

TRADE MARKS ACT 1995 - SECT 25

  (1)   This section applies if:

  (a)   a registered trade mark consists of, or contains, a sign that describes or is the name of:

  (i)   an article or substance that was formerly exploited under a patent; or

  (ii)   a service that was formerly provided as a patented process; and

  (b)   it is at least 2 years since the patent has expired or ceased; and

  (c)   the sign is the only commonly known way to describe or identify the article, substance or service.

Note:   For registered trade mark and sign see section   6.

  (2)   If the trade mark consists of the sign, the registered owner:

  (a)   does not have any exclusive rights to use, or authorise other persons to use, the trade mark in relation to:

  (i)   the article or substance or other goods of the same description; or

  (ii)   the service or other services of the same description; and

  (b)   is taken to have ceased to have those exclusive rights from the end of the period of 2 years after the patent expired or ceased.

  (3)   If the trade mark contains the sign, the registered owner:

  (a)   does not have any exclusive rights to use, or authorise other persons to use, the sign in relation to:

  (i)   the article or substance or other goods of the same description; or

  (ii)   the service or other services of the same description; and

  (b)   is taken to have ceased to have those exclusive rights from the end of the period of 2 years after the patent expired or ceased.