D05.4 Protection of Word 'Anzac' Regulations

Date Published

Under reg 2(4) of the Protection Of Word 'Anzac' Regulations (which are made under the War Precautions Act Repeal Act 1920 (Cth)), the Registrar is obligated to refuse to register as a design any word or mark, if the use of that word or mark is prohibited under reg 2(1) of those regulations (see also, Designs Regulations 2004 at reg 4.06(b)). The prohibition relates to the word ‘Anzac’ or any word resembling the word ‘Anzac’.

Prohibition of use in trade etc of word 'Anzac'

(1) No person shall, without the authority of the Minister, proof whereof shall lie upon the person accused, assume or use the word 'Anzac' or any word resembling the word 'Anzac' in connexion with any trade, business, calling or profession or in connexion with any entertainment or any lottery or art union or as the name or part of the name of any private residence, boat, vehicle or charitable or other institution, or any building in connexion therewith.

(1A) Subregulation (1) does not apply to the assumption or use of the words 'Anzac Day' in connection with an entertainment held on 25 April in any year or on consecutive days that include that day where those words are not used to describe or designate single events within an entertainment consisting of 2 or more events.

(2) Without limiting the meaning of subregulation (1) a word shall be deemed to be assumed or used by a person in connexion with any trade, business, calling or profession if:

(a) it is applied (whether as a trade mark or otherwise) to any goods manufactured, produced, sold or offered for sale by that person; or

(b) it is used as the name or part of the name of any firm or company registered in Australia.

(3) The Registrar of Trade Marks shall: ……

(4) The Registrar of Designs shall:

(a) refuse to register as a design any word or mark the assumption or use of which in connexion with any trade, business, calling or profession is prohibited under subregulation (1) of this regulation; and

(b) unless otherwise directed by the Minister cancel any existing registration of any such word or mark as a design, and refuse to take any step or further step in connexion with any application for the use of any such word or mark as a design.


(5) ....

Note that the exclusion relates both to the word ‘Anzac’ per se, and any word that resembles ‘Anzac’. And the exclusion relates to the use of the word alone, or in association with or included within other material.

A design containing the word Anzac (or words resembling Anzac) can proceed to registration if there is authorisation from the Minister for Veterans Affairs (who is the minister responsible for the relevant Act). But it is up to the owner to establish the existence of that Authority.