3. Protected Terms in Specifications of Goods

Date Published

Under the Wine Australia Act it is unlawful to describe or present a wine in such a way as to mislead as to the country, region or locality in which the wine originated.  

In the course of examination this will not usually result in a ground for rejection when protected terms appear in specification of goods.

However, although terminology contained in the specification may not be what is actually used commercially on a label, it is appropriate for the Registrar to carefully consider any specifications that contain protected terms.

If the specification of goods contains a term which is clearly inconsistent with the trade mark application this should be raised with the applicant.

Appropriate action could include deleting the term from the specification of goods or replacing it with a more acceptable term.  One such example would be replacing champagne, where it is being used to describe the style of wine, with sparkling wine.