Section 51
Trademark relating to article, etc., formerly manufactured under patent
(a)
a registered trademark contains or consists of, 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;
(b)
it is at least two 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.
(2)
If the trademark contains or consists of the sign in subsection (1), the registered proprietor—
(a)
does not have any exclusive right to use, or authorize other persons to use the trademark or the sign in relation to—
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(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 two years after the patent expired or ceased.
Registration prima facie evidence