New Australian food labels and the impact on trade marks

Supermarket
Published: 
20 June 2016

From Friday 1 July the Australian Government is introducing new food labels to make it clearer where the products you buy are produced, grown, made or packed. The labels will also tell you what percentage of the ingredients comes from Australia. For imported foods, the label will clearly show the country of origin.

Most food produced, grown or made in Australia will have the Australian Made, Australian Grown kangaroo logo. Text and a bar chart will show the percentage of Australian ingredients.

Food that was packed in Australia will just feature a bar chart that shows it contains at least some imported ingredients that were simply sliced, frozen, tinned or repacked here.

Do you sell food in Australia?

Businesses will update their labels and use the most appropriate label for each of their products to ensure you can make an informed decision about the food you buy. Find out what the new country of origin labels mean for your business.

How will the new food labels impact on trade marks in Australia?

The Australian Made, Australian Grown kangaroo logo is a registered certification trade mark, with a strict set of rules of how it can be used. Products must be registered with the Australian Made Campaign Limited (AMCL) and meet the criteria in the Code of Practice to use the logo. The use of the logo is different to registering it as or within a trade mark.

The new Country of Origin Food Labelling Information Standard 2016 legislation protects the use of the Australian Made, Australian Grown kangaroo logo and the bar charts which represent the percentage of Australian ingredients. Use of the logo or bar charts or something that looks very similar to them will not be acceptable to register as or within a trade mark.