AVIS DE DROIT PROTECTION DES SIGNES NATIONAUX

AUSTRALIE
registry as to the exercise of its duty to examine registration applications for protected
national insignia or other signs falsely indicating geographical origin.
(ii) National Insignia Used as Company or Business Names
No statutory provision is made for the intervention of third parties in proceedings to decide
applications for the registration of company or business names; the relevant Registrars should
themselves consider whether any protected or misleading words are included in the name
proposed.
(iii) Other Commercial Use of National Insignia
Proceedings to enforce the Trade Practices Act 1974 may be brought both by consumers to
whom misleading or deceptive representations have been made and by competitors whose
commercial interests are threatened thereby, but only the latter may sue for passing off; refer
above, to this point in the national report entitled “Royaume-Uni”.
c) Etendue de la protection des signes nationaux
(i) National Insignia Used as Trademarks
The protection against registration that is provided to national insignia by the Trade Marks
Regulations 1995 extends to any “representation” of the protected insignia.
The definition of the trade marks which may not be registered due to their tendency to deceive
or cause confusion, itself gives the Registrar great flexibility in this respect. The same is true
of the definition of the “geographical indications” the use of which may produce opposition to
a registration application.
(ii) National Insignia Used as Company or Business Names
The protection against registration which is afforded to the term “Made in Australia” extends
to all possible abbreviations of that term and to all terms having the same or a similar
meaning. All of the other restrictions of registration of terms indicating a national connection
are formulated in terms which give the Registrars great flexibility.
(iii) Other Commercial Use of National Insignia
The Trade Practices Act 1974 was amended in 1998 so as to permit the exact determination of
cases in which representations concerning the geographical origins of goods may be held to
be false.
For the extent to which the tort of passing off provides protection against false claims of
appurtenance to a reputed class of goods, refer above, to this point in the national report
entitled “Royaume-Uni”.
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