Intellectual Property in Commercial Settings

Requirement: A mark should not contain certain signs

There are certain things the law prohibits from being registered as trade marks. These so-called prescribed signs are listed in the Trade Mark Regulations 1995. They include national flags, the Australian Coat of Arms, and the names of cities, towns and public authorities. Additionally, there are some separate laws that confer special protections on particular signs and prohibit them from being trade marked. For example, specific legislation protects the words Olympic and Olympic Games and some images associated with the Olympics, such as the Olympic rings. It is not possible to get a trade mark registration over these words or images.