Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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:
(a) refuse to register as a trade mark any word 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 as a trade mark, and refuse to take any step or further step in connexion with any application for the use of any such word as a trade mark.
(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) The Registrar-General or other proper officer of a State charged with the registration of firms and companies may:
(a) permit any firm or company which has been registered under a State Act, and in the name of which there is included any word the use of which in connexion with any trade, business, calling or profession is prohibited under subregulation (1) of this regulation, to amend the name of the firm or company by the omission of that word, and, if the firm or company so desires, the substitution of any other word or words; or
(b) cancel the
registration of any firm or company which refuses or fails to apply within a
reasonable period for the amendment of its name.