Commonwealth Consolidated Acts

WINE AUSTRALIA ACT 2013 - SECT 40FB

Inclusion of registered quality wine term

  (1)   If:

  (a)   the description and presentation of wine includes a registered quality wine term; and

  (b)   the wine originated in Australia; and

  (c)   the description and presentation indicates that the wine originated in Australia or in a region or locality in Australia; and

  (d)   the registered quality wine term is also a registered traditional expression; and

  (e)   the wine is in a category of wine in relation to which the expression is registered;

then the description and presentation is not misleading merely because it includes the registered quality wine term.

Inclusion of trade mark

  (2)   If:

  (a)   the description and presentation of wine includes a trade mark; and

  (b)   the trade mark contains or consists of a registered traditional expression; and

  (c)   before the protection date for the traditional expression:

  (i)   the trade mark had been entered in good faith in the Register of Trade Marks; or

  (ii)   the owner of the trade mark had acquired rights in the trade mark through use in good faith;

then the description and presentation is not misleading merely because it includes that trade mark.

Inclusion of business name

  (3)   If:

  (a)   the description and presentation of wine includes a business name; and

  (b)   the business name contains or consists of a registered traditional expression; and

  (c)   the business name was registered in good faith under the law of a State or Territory or on the Business Names Register established and maintained under section   22 of the Business Names Registration Act 2011 before the protection date for the traditional expression;

then the description and presentation is not misleading merely because it includes that business name.

  (4)   Subsection   (3) does not limit subsection   40F(5).