Trademarks Act 2019 · Updated to 18 Mar 2022 · Part VIII · Effects of Registered Trademarks
51. Trademark relating to article, etc., formerly manufactured under patent
Feedback & supportThis section applies if—
a registered trademark contains or consists of, a sign that describes or is the name of—
an article or substance that was formerly exploited under a patent; or
a service that was formerly provided as a patented process;
it is at least two years since the patent has expired or ceased; and
the sign is the only commonly known way to describe or identify the article, substance or service.
If the trademark contains or consists of the sign in subsection (1), the registered proprietor—
sign
“sign” includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof;
does not have any exclusive right to use, or authorize other persons to use the trademark or the sign in relation to—
56
the article or substance or other goods of the same description; or
the service or other services of the same description;
and
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.