TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 133 Prior use of identical trade mark etc.

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 133

133.(1) A person does not infringe a registered trade mark by using an
unregistered trade mark that is substantially identical with, or deceptively
similar to, the registered trade mark if the person, or the person and the
person's predecessor in title, have continuously used the unregistered trade
mark in the course of trade from a time before:

   (a)  the date of registration of the registered trade mark; or

   (b)  the registered owner of the registered trade mark, or a predecessor in
        business, or a registered user of the trade mark, first used the
        trade mark; whichever is earlier.

(2) If the unregistered trade mark has continuously been used only in a
particular area of Australia, subsection (1) applies only to the use of the
trade mark by the person in that area.