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TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 24 Trade mark relating to article etc. formerly manufactured under patent

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 24

Trade mark relating to article etc. formerly manufactured under patent
24.(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.

(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.