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Trade Marks Before You Apply Prohibited
Signs
Prohibited Signs
What is a Prohibited Sign?
The term prohibited sign refers to signs the use of which is restricted or
prohibited under sections of the Trade
Marks Act 1995 (the Act). Many of these signs are identified on the
Trade Marks database with a number in the -9,000,000 range. The unauthorised
inclusion of a prohibited sign in a trade mark is not permitted in most circumstances.
New notifications and additions.
Types of Prohibited Signs
The most commonly encountered prohibited signs fall into two categories:
Notified Signs
Notified signs are signs that have been notified by World Intellectual Property
Organisation (WIPO) under the provisions of Article 6ter of the Paris Convention
for the Protection of Industrial Property (the Paris Convention). These signs
can include national flags, armorial bearings or organisational emblems and
are protected under section 39 of the Act.
Find out more about notified signs
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| National Flag of Norway |
Armorial Bearings of Kenya |
Emblem of the
International Olive Oil Council
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View signs newly notified under Article 6ter of the Paris Convention
Find out how to locate notified signs on
the trade marks database
Find out more information on overcoming
a ground for rejection under subsection 39(2)
Contrary to Law signs:
Other prohibited signs are those that are contrary to Australian laws. Certain Australian laws restrict the use of images or words, sometimes for all commercial purposes, such as the emblem of the Australian Army. Other Australian Laws restrict the use of certain signs in relation to particular events, such as the 2006 Melbourne Commonwealth Games.
Examples of signs contrary to law
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MELBOURNE 2006 GAMES |
| Emblem of the Australian Army prohibited under the Defence Act 1903 |
Words prohibited by Melbourne 2006 Commonwealth Games Indicia and Images) Protection Act 2005 |
Find out more about contrary to law signs
Find out how to locate signs contrary to law on the trade marks database.
Find out more information on overcoming
a ground for rejection under subsection 42(b).
View recently added signs which are contrary to Australian law
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