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

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

IP Australia, the government body that administers Australia’s intellectual property  (IP) rights system, including patents and trade marks, warns against improper use of the Australian Made logo on new food labels.

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.

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