Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 9A

  (1)   A person must not, without the Minister's written consent:

  (a)   use in relation to a business, trade, profession or occupation; or

  (b)   use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship, aircraft or other craft; or

  (c)   apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or

  (d)   use in relation to:

  (i)   goods or services; or

  (ii)   the promotion, by any means, of the supply or use of goods or services:

either:

  (e)   a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or

  (f)   a protected symbol, or a symbol so closely resembling a protected symbol as to be likely to be mistaken for it.

Penalty:   30 penalty units.

  (2)   Subsection   (1), so far as it applies in relation to a particular protected name or protected symbol, does not affect rights conferred by law on a person in relation to:

  (a)   a trade mark that is a registered trade mark for the purposes of the Trade Marks Act 1995 ; or

  (b)   a design registered under the Designs Act 2003 ;

that was so registered, or was registered under the Designs Act 1906 , at the protection time in relation to the name or symbol.

  (3)   This section, so far as it applies in relation to a particular protected name or protected symbol, does not affect the use, or rights conferred by law relating to the use, of a name or symbol (the relevant name or symbol ) by a person in a particular manner if, at the protection time in relation to the protected name or protected symbol, the person:

  (a)   was using the relevant name or symbol in good faith in that manner; or

  (b)   would have been entitled to prevent another person from passing off, by means of the use of the relevant name or symbol or a similar name or symbol, goods or services as the goods or services of the first - mentioned person.

  (4)   In this section:

"protected name" means a name prescribed for the purposes of this definition.

"protected symbol" means a symbol whose design is set out in the regulations.

"protection time" means:

  (a)   in relation to a protected name--the time immediately before the commencement of the regulation prescribing the name; or

  (b)   in relation to a protected symbol--the time immediately before the commencement of the regulation setting out the design of the symbol.