Document ID: chunk:federal_register_of_legislation:C2004A04008:body:0:p10
Version: federal_register_of_legislation:C2004A04008
Segment Type: other
Provision Reference: 
Character Range: 28004–30529

business name in a State or Territory even if the name is not registered in relation to the body under a particular law, or any law, in force in the State or Territory.

"(2) Nothing in this section permits more than one body to operate under the same name at the same time in the same State or Territory.

Other persons not to use protected names

"47. (1) Except with the consent in writing of CSL, a person other than a protected body must not:

(a) use in relation to a business, trade, profession or occupation; or

   (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or

    (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or

(d) use in relation to:

      (i) goods or services; or

      (ii) the promotion, by any means, of the supply or use of goods or services;

a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it.

Penalty: $3,000.

"(2) Nothing in subsection (1) limits anything else in that subsection.

Exceptions for pre-existing rights

"48. (1) Nothing in section 47, 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 1906;

and was so registered at the protection time in relation to the name.

"(2) Nothing in section 47, 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.

Use of other names by protected bodies

"49. This Part does not prevent a protected body from operating in a State or Territory under a name other than a protected name.

Effect on State and Territory laws

"50. This Part does not prevent a protected body from registering a name under a law of a State or Territory.

"PART IV—STAFF MATTERS

Employment of staff members continues