(1) This section applies if a registered trade mark consists of, or contains, a sign that, after the date of registration of the trade mark, becomes generally accepted within the relevant trade as the sign that describes or is the name of an article, substance or service.
(2) If a trade mark consists of the sign referred to in subsection (1), the registered owner—
(a) does not have any exclusive rights to use, or authorise other persons to use, the trade mark in relation to—
(i) the article or substance or other goods of the same description, or
(ii) the service or other services of the same description; and
(b) is taken to have ceased to have those exclusive rights from and including the day determined by the High Court under subsection (4).
(3) If a trade mark contains the sign referred to in subsection (1), the registered owner—
(a) does not have any exclusive rights to use, or authorise other persons to use, the sign in relation to—
(b) is taken to have ceased to have those exclusive rights from the day determined by the High Court under subsection (4).
(4) For the purposes of subsections (2) and (3), the High Court may determine the day on which a sign first became generally accepted within the relevant trade as the sign that describes or is the name of the article, substance or service.