-- JonathanMo - 14 Sep 2015

Proscribed marks

Regulations made under section 18 of the TMA may specify that certain signs are not to be used as trade marks. TMA Schedule Two provides a small list of signs that may not be registered as trade marks: these include 'Austrade, C.E.S, Olympic Champion, Repatriation, Returned Airman, Returned Sailor, and Returned Soldier'. See Trade Marks Manual of Practice and Procedure, Pt 30; see also Advance Australia Logo Protection Act 1984 (Cth), and the Defence Act 1903 (Cth).

Under the old Act, the Registrar of Trade Marks could refuse to accept any application which consists of a representation of any member of the Royal Family, the Royal Arms, crests or insignia, the Australian flag, or emblems of any city or town in Australia: also prohibited were the words 'Royal, Patent, Copyright, Registered Design' and the like. There are also particular statutes prohibiting words like 'Bi-Centennial', 'Medicare', 'Instant Lottery'.