Commonwealth Numbered Acts

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 23

23.(1) This section applies if a registered trade mark consists of, or
contains, a sign that, after the date of registration of the trade mark,
becomes well known, or becomes accepted generally, as the sign that describes
or is the name of an article, substance or service.

(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 and
        including the day determined by the court under subsection (4).

(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 day
        determined by the court under subsection (4).

(4) For the purposes of subsections (2) and (3), a prescribed court may
determine the day on which a sign first became well known or generally
accepted as the sign that describes or is the name of the article, substance
or service.