Document ID: chunk:federal_register_of_legislation:C2024C00024:section:41c:p2
Version: federal_register_of_legislation:C2024C00024
Segment Type: section
Provision Reference: s 41C (pt 2/3)
Character Range: 66614–69113

to be read as including a reference to a name or expression that so nearly resembles the name as to be capable of being mistaken for the name; and
 (b) a reference to an official "medicare" or "Medicare Australia" symbol is to be read as a reference to a symbol declared by the regulations to be an official "medicare" or "Medicare Australia" symbol; and
 (c) a reference to a prescribed symbol is to be read as a reference to an emblem, brand, design, symbol, logo or mark that:
 (i) is identical with an official "medicare" or "Medicare Australia" symbol; or
 (ii) so nearly resembles an official "medicare" or "Medicare Australia" symbol as to be capable of being mistaken for an official "medicare" or "Medicare Australia" symbol; and
 (d) a name or a prescribed symbol shall be deemed to be applied to goods if it:
 (i) is woven in, impressed on, worked into or affixed to the goods; or
 (ii) is applied to a covering, label, reel or thing in or with which the goods are supplied; and
 (e) a name or a prescribed symbol shall be deemed to be used in relation to goods, or to the promotion of the supply or use of goods, if it is used in a sign, advertisement (whether printed, broadcast or televised), invoice, catalogue, price list or other document in relation to goods; and
 (f) the reference in paragraph (d) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and the reference in that paragraph to a label includes a reference to a band or ticket.
 (7) Subject to subsection (9), nothing in this section affects any rights conferred by law on a person in respect of:
 (a) a trade mark registered under the Trade Marks Act 1955, being a trade mark that was so registered before the date of commencement of this section; or
 (b) a design registered under the Designs Act 2003, being a design that was registered under the Designs Act 1906 before the commencement of this section.
 (8) Subject to subsection (9), nothing in this section affects the use, or any rights conferred by law relating to the use, of a name or a symbol on or after the date of commencement of this section if:
 (a) within the prescribed period before that date, the person used the name or symbol in good faith in a manner mentioned in subsection (1) or (2); or
 (b) immediately before that date the person would have been entitled to prevent another person from passing off, by means of the use of that name or symbol or of a similar name or symbol, goods or