Document ID: chunk:federal_register_of_legislation:C2023C00446:section:71
Version: federal_register_of_legislation:C2023C00446
Segment Type: section
Provision Reference: s 71
Character Range: 80787–82844

71  Preservation of existing rights

Trade marks and designs
 (1) This Chapter, so far as it applies in relation to a protected olympic expression, does not affect rights conferred by law on a person in relation to:
 (a) a trade mark that is registered under the Trade Marks Act 1995; or
 (b) a design that is registered under the Designs Act 1906;
and was so registered immediately before 20 September 2001 in relation to the expression.
 (2) For the purposes of subsection (1), a trade mark is taken to have been registered under the Trade Marks Act 1995 on the date of registration (within the meaning of that Act) of the trade mark.
 (3) For the purposes of subsection (1), a design is taken to have been registered under the Designs Act 1906 at the time when the registration of the design came into force as mentioned in subsection 27A(1) of that Act.

Passing off
 (4) This Chapter, so far as it applies to a protected olympic expression, does not affect the use of the expression by a person (the first person) if, immediately before 20 September 2001, the first person would have been entitled to prevent another person from passing off, by means of the use of the expression or a similar expression, goods or services as the goods or services of the first person.
 (5) This Chapter does not apply to the use of a business name in connection with a business if:
 (a) the name was registered under a law of a State or Territory relating to business names immediately before 20 September 2001 in relation to the business; and
 (b) the name is registered in relation to the business under a law of the Commonwealth or a State or Territory relating to business names.

Company names
 (6) This Chapter does not apply in relation to the use of the name of an incorporated company if:
 (a) the company was in existence immediately before 20 September 2001; and
 (b) the company uses the name in connection with a business carried on by the company; and
 (c) the company used the name in connection with the business immediately before 20 September 2001.