402APerson not to use protected name or protected symbol

##### 402A Person not to use protected name or protected symbol (1) A person must not, unless AUSTEL consents in writing: (a) use in relation to a business, trade, profession or occupation; or (b) use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship or craft (including aircraft); or (c) apply, as a trade mark or otherwise, to goods imported, manufactured, produced, sold, offered for sale or let or hire; or (d) use in relation to: (i) goods or services; or (ii) the promotion, by any means, of supply or use of goods or services; either: (e) a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or (f) the protected symbol, or a symbol so closely resembling the protected symbol as to be likely to be mistaken for it. Penalty: 30 penalty units. (2) Nothing in subsection (1) limits anything else in that subsection. (3) Nothing in subsection (1), so far as it applies in relation to a protected name or in relation to the protected symbol, 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 immediately before the commencement of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992 in relation to the name or symbol. (4) Nothing in this section, so far as it applies to a protected name or in relation to the protected symbol, affects the use, or rights conferred by law relating to the use, of the name or symbol by a person in a particular manner if, immediately before the commencement of Part 10 of the Transport and Communications Legislation Amendment Act (No. 2) 1992, the person: (a) was using the name or the symbol 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 name or the symbol or a similar name or symbol, goods or services as the goods or services of the first-mentioned person. (5) This section does not apply to a person who uses or applies a protected name or the protected symbol for the purpose of labelling customer equipment in accordance with a permit in force under subsection 258(1). (6) In this section: > protected name means: (a) AUSTEL; or (b) Australian Telecommunications Authority. > protected symbol means the official symbol of AUSTEL, the design of which is set out in the regulations.