Person not to use protected names or protected symbols
66 Person not to use protected names or protected symbols
A person must not, unless the Authority consents in writing:
use in relation to a business, trade, profession or occupation; or
use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or
apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let for hire; or
use in relation to:
goods or services; or
the promotion, by any means, of the supply or use of goods or services;
either:
a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or
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.
Nothing in subsection (1) limits anything else in that subsection.
Nothing in subsection (1), so far as it applies in relation to a particular protected name or in relation to a particular protected symbol, affects rights conferred by law on a person in relation to:
a trade mark that is registered under the Trade Marks Act 1955; or
a design that is registered under the Designs Act 2003;
and was so registered, or was registered under the Designs Act 1906, at the protection time in relation to the name or symbol.
Nothing in this section, so far as it applies in relation to a particular protected name or in relation to a particular protected symbol, affects the use, or rights conferred by law relating to the use, of a name or symbol (in this subsection called 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:
was using the relevant name or symbol in good faith in that manner; or
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.
In this section:
protected name means any of the following names:
“NAL”;
“National Acoustic Laboratories”;
“Australian Hearing Services”.
protected symbol means:
the official symbol of the National Acoustics Laboratories, the design of which is set out in Schedule 1; or
the official symbol of Australian Hearing Services, the design of which is set out in Schedule 2.
protection time, in relation to a protected name or a protected symbol, means the time immediately before:
in the case of the official symbol of Australian Hearing Services—the commencement of Part 4 of the Health and Community Services Amendment Act (No. 2) 1993; or
in any other case—the commencement of this Act.
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