Document ID: chunk:federal_register_of_legislation:C2024C00545:section:25
Version: federal_register_of_legislation:C2024C00545
Segment Type: section
Provision Reference: s 25
Character Range: 56162–57639

25  Trade mark relating to article etc. formerly manufactured under patent
 (1) This section applies if:
 (a) a registered trade mark consists of, or contains, a sign that describes or is the name of:
 (i) an article or substance that was formerly exploited under a patent; or
 (ii) a service that was formerly provided as a patented process; and
 (b) it is at least 2 years since the patent has expired or ceased; and
 (c) the sign is the only commonly known way to describe or identify the article, substance or service.
Note: For registered trade mark and sign see section 6.
 (2) If the trade mark consists of the sign, the registered owner:
 (a) does not have any exclusive rights to use, or authorise other persons to use, the trade mark in relation to:
 (i) the article or substance or other goods of the same description; or
 (ii) the service or other services of the same description; and
 (b) is taken to have ceased to have those exclusive rights from the end of the period of 2 years after the patent expired or ceased.
 (3) If the trade mark contains the sign, the registered owner:
 (a) does not have any exclusive rights to use, or authorise other persons to use, the sign in relation to:
 (i) the article or substance or other goods of the same description; or
 (ii) the service or other services of the same description; and
 (b) is taken to have ceased to have those exclusive rights from the end of the period of 2 years after the patent expired or ceased.