40FBCircumstances in which description and presentation is not misleading—inclusion of registered traditional expressions

40FB Circumstances in which description and presentation is not misleading—inclusion of registered traditional expressions

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).