Time:2025-09-22
Publication Date:2025-09-22
The purpose of Article 6ter is to prevent signs, such as state flags and emblems, being registered or used as trade marks, or as elements of trade marks, without authorisation.
Australia has 12 months from the notification date to advise whether protection will be provided for the signs. The notification date is the day WIPO publishes the sign.
You can access the recently notified signs at Article 6ter Express Database, under the documents of the last publication. After September 2025, the signs indicated by this notice will no longer be the most recent. You can still view them using the database’s structured search and selecting the publishing date of 31 March 2025.
If you believe the extension of protection to a newly notified sign significantly affects your prior trade mark rights, you may lodge an objection with the Registrar of Trade Marks. An objection may also be based on:
established practice for the use of a sign
a legitimate need or right to use the mark in Australia.
You may also provide the Registrar with additional information relevant to the extension of protection to a notified sign.
Objections must be lodged with IP Australia by 28 February 2026.
All objections and any additional information will be considered by the Registrar on their merits and any appropriate objections will be conveyed to the International Bureau at WIPO.
For more information, contact us and ask to speak to Blake Knowles in our Trade Marks and Designs Group.
The next batch of Article 6ter signs will be published by WIPO in September 2025.