Document ID: chunk:federal_register_of_legislation:C2024C00549:section:16
Version: federal_register_of_legislation:C2024C00549
Segment Type: section
Provision Reference: s 16
Character Range: 99419–100459

16  Exceptions for pre‑existing rights
 (1) Nothing in section 15, so far as it applies in relation to a particular protected name, affects rights conferred by law on a person in relation to:
 (a) a trade mark that is registered under the Trade Marks Act 1955; or
 (b) a design that is registered under the Designs Act 2003;
and was so registered, or was registered under the Designs Act 1906, at the protection time in relation to the name.
 (2) Nothing in section 15, so far as it applies in relation to a particular protected name, affects the use, or rights conferred by law relating to the use, of a name (in this subsection called the relevant name) by a person in a particular manner if, at the protection time in relation to the protected name, the person:
 (a) was using the relevant name in good faith in that manner; or
 (b) would have been entitled to prevent another person from passing off, by means of the use of the relevant name or a similar name, goods or services as the goods or services of the first‑mentioned person.