Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 2003 ;
and was so registered, or was registered under the Designs Act 1906 , 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.