AVIS DE DROIT PROTECTION DES SIGNES NATIONAUX

c) Droit régional
– Business Names Act 1996 (SA)
– Business Names Act 2002 (NSW)
– Etc.
– Principles of common law
3. Mise en œuvre de la législation
a) Qui intervient?
(i) National Insignia Used as Trademarks
AUSTRALIE
Where a person proposes to use protected national insignia or signs falsely indicating
geographical origin as, or as part of, a registered trade mark, the onus under the Trade Marks
Act 1995 is upon the Registry staff to examine the application from this point of view and
reject it whenever that would be appropriate. Where an application to register a mark for
goods is opposed on the basis that it contains an inaccurate “geographical indication”, the
opposition proceedings will again be decided primarily by the Registry.
(ii) National Insignia Used as Company or Business Names
Where a person proposes to use protected words as, or as part of, a registered company name,
the onus under the Corporations Act 2001 is upon the Registrar to examine the application
from this point of view and reject it whenever that would be appropriate.
Where the owner or manager of a business proposes to register a business name containing
protected or misleading words, the onus under the Business Names Acts of the Australian
States and Territories is upon the Registrar to examine the application from this point of view
and reject it whenever that would be appropriate. Where a person carries on business under an
unregistered business name, which differs from his own name, he may be convicted of a
criminal offence and sentenced by a first instance criminal court.
(iii) Other Commercial Use of National Insignia
Civil remedies for breaches of the Trade Practices Act 1974 and for passing off may be
granted by the competent civil courts in Australia.
b) Qui demande une intervention?
(i) National Insignia Used as Trademarks
Any interested party may oppose registration of a mark on the ground that it is intended to be
used in respect of particular goods and that it contains a “geographical indication” referring to
a country, region or locality other than the country, region or locality from which those goods
really originate. Any such party can also make informal representations to the trade marks
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