Trade mark relating to article etc. formerly manufactured under patent
25 Trade mark relating to article etc. formerly manufactured under patent
This section applies if:
a registered trade mark consists of, or contains, a sign that describes or is the name of:
an article or substance that was formerly exploited under a patent; or
a service that was formerly provided as a patented process; and
it is at least 2 years since the patent has expired or ceased; and
the sign is the only commonly known way to describe or identify the article, substance or service.
For registered trade mark and sign see section 6.
If the trade mark consists of the sign, the registered owner:
does not have any exclusive rights to use, or authorise other persons to use, the trade mark in relation to:
the article or substance or other goods of the same description; or
the service or other services of the same description; and
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.
If the trade mark contains the sign, the registered owner:
does not have any exclusive rights to use, or authorise other persons to use, the sign in relation to:
the article or substance or other goods of the same description; or
the service or other services of the same description; and
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.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.