Document ID: chunk:federal_register_of_legislation:C2004A03722:body:0:p9
Version: federal_register_of_legislation:C2004A03722
Segment Type: other
Provision Reference: 
Character Range: 21055–23625

become ineffective
14. Section 61 of the Principal Act is amended by omitting "the Commission" and substituting "OTC".

Repeal of section 62
15. Section 62 of the Principal Act is repealed.
16. Part IV of the Principal Act is repealed and the following Parts are substituted:

"PART IV—USE OF CERTAIN NAMES

Protected body may operate under protected company name
"64. A protected body whose name is a protected company name may operate under the 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.

Protected body may operate under protected business name
"65. (1) A protected body may operate under a protected 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
"66. (1) A person other than a protected body shall not:
     (a) use in relation to a business, trade, profession or occupation;
     (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft);
     (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: $1,000.
"(2) Nothing in subsection (1) limits anything else in that subsection.

Exceptions for pre-existing rights
"67. (1) Nothing in section 66, 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 66, 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