Commonwealth Numbered Acts

AUSTRALIAN AND OVERSEAS TELECOMMUNICATIONS CORPORATION ACT 1991 No. 79 of 1991 - SECT 16

16. (1) Nothing in section 15, so far as it applies in relation to a
particular protected name, affects rights conferred by law on a person in
relation to:

   (a)  a trade mark that is registered under the Trade Marks Act 1955; or

   (b)  a design that is registered under the Designs Act 1906; and was so
        registered at the protection time in relation to the name.

(2) Nothing in section 15, so far as it applies in relation to a particular
protected name, affects the use, or rights conferred by law relating to the
use, of a name (in this subsection called the "relevant name") by a person in
a particular manner if, at the protection time in relation to the protected
name, the person:

   (a)  was using the relevant name 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 a similar name, goods or
        services as the goods or services of the first-mentioned person.