Act 17
Trademarks Act
2010
(a) the trademark consists only of that word or those words
referred to in subsection (3), all rights of the common law
or by registration, to the exclusive use of the trademark in
relation to the article or substance in question or to goods
of the same description; or
(b) the trademark contains that word or those words and other
matter, all rights of the owner to the exclusive use of that
word or those words in that relation,
shall be taken to have ceased on the date at which the use mentioned
in subsection (1) first became well known and established or at the
expiration of the period of two years referred to in subsection (2)(b).
(6) A word which is the commonly used and accepted name of
any single chemical element or single chemical compound, as
distinguished from a mixture, shall not be registered as a trademark
in respect of a chemical substance or preparation.
(7) The registration of any word referred to in subsection (2) in
force at the commencement of this Act or any such registration after
the commencement of this Act shall, notwithstanding section 18, be
taken for the purposes of section 89 to be an entry made in the register
without sufficient cause or an entry wrongly remaining on the register
as the circumstances may require.
(8) Sub-sections (1) to (4) shall not have effect in relation to a word
which is used to denote only a brand or make of the element or compound
as made by the owner or a registered user of the trademark, as
distinguished from the element or compound as made by others and in
association with a suitable name or description open to the public use.
43. Words used as name or description of an activity.
(1) The registration of a trademark relating to services shall not
be taken to have become invalid by reason only of any use, after the
date of registration, of a word or words, which the trademark contains
or of which it consists, as the name or description of some activity.
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