Section 50
Trademark consisting of sign that becomes accepted as sign describing article, etc.
(2)
For the purposes of subsection (1), if the trademark consists of the sign, the registered proprietor—
(a)
does not have any exclusive rights to use, or authorize other persons to use, the trademark 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 and including the day determined by the Court under subsection (4).
(3)
For the purposes of subsection (1), if the trademark contains the sign, the registered proprietor—
Trademarks 55
(a)
does not have any exclusive rights to use, or authorize 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 day determined by the Court under subsection (4).
(4)
For the purposes of subsections (2) and (3), the Court may determine the day on which a sign first became generally accepted within the relevant trade as the sign that describes or is the name of the article, substance or service.