Commonwealth Numbered Acts

TRADE MARKS ACT 1995 No. 119 of 1995 - SECT 25

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.