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.