29.10. Claims to Indigenous origin

If a trade mark, or some part of the trade mark, contains a reference to Indigenous people and a connotation arises from the mark that would be likely to deceive or confuse consumers within the relevant market, then a ground for rejection under s43 should be raised.

A trade mark may include statements such as ‘Aboriginal designed’, ‘Product of the Ngunnawal people’, or ‘Ngunnawal Art’. This type of material can form a connotation within a trade mark which would lead consumers into being misled into thinking that the goods or services bearing the applicant’s mark come from a source with an Indigenous connection.