Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.