A Guide for Businesses
The Olympic Games are a global spectacle, and an exciting time for every business and marketer to jump on the promotional bandwagon.
However, did you know that the logos, symbols, and expressions associated with the Olympics are highly regulated and protected by super-strict international and national laws?
With the Paris 2024 Olympic Games coming up, we’ve written a guide on how you can join in the festivities, whilst complying with Olympic legislation.
The Legal Framework: International and National Regulations
The International Olympic Committee (IOC) and national committees like the Australian Olympic Committee (AOC) rigorously control the use of Olympic branding. The Olympic Charter, adopted by the IOC, details the rights and protections of Olympic symbols, flags, mottos, emblems, anthems, logos, and designations (Properties). Under Rule 7 of the Charter, the IOC owns all rights to these Properties and can license their use to third parties.
In Australia, the Olympic Insignia Protection Act 1987 (Cth) provides additional protection. This act prohibits the unauthorised use of specific Olympic-related expressions, including:
- Olympic
- Olympics
- Olympic Games
- Olympiad
- Olympiads
Businesses cannot use or register trademarks containing the Olympic rings symbol, the motto, or the torch and flames design without permission.
What You Can and Cannot Use
To ensure compliance, here is a quick reference guide on permissible and prohibited phrases and symbols in marketing efforts.
Permissible Phrases:
- Green and Gold
- Aussie Aussie Aussie
- Aussie Aussie Aussie Oi! Oi! Oi!*
- The Games (with caution, see below under Passing Off)
- Specific sport names (e.g., Soccer, Gymnastics)
- Aussie
- Australia
- Straya
Prohibited Phrases and Symbols:
- Olympic
- Olympics
- Olympic Games
- Paris 2024
- Olympiad
- Olympiads
- Olympic symbol (the rings)
- Olympic flag
- Olympic motto “Faster, Higher, Stronger – Together” or “Citius, Altius, Fortius – Communiter”
- Olympic emblems
- Olympic anthem
- Olympic flame and torches
- Olympic designations
- Team names (e.g., Socceroos)
- “Come on Aussie come on”
- GIFs showing Olympic footage (e.g. Usain Bolt winning gold)
*Interestingly, “Aussie Aussie Aussie Oi Oi Oi” is a registered trademark with various parties in the classes of telecommunications, transport, packaging and storage of goods, and advertising, business management, business administration. Despite its common use in Australian sports, businesses should carefully consider its use due to its registered status.
Licensing and Permissions
If a business wishes to use any of the Properties registered and owned by the IOC, an online application form must be completed and submitted to the IOC for review and potential approval.
Avoiding the Tort of Passing Off
Passing off occurs when a business’s marketing materials might confuse the public into thinking that the business is associated with, connected to, or a sponsor of the Olympic Games, thereby misappropriating the Games’ goodwill and reputation.
The tort of passing off protects both registered and unregistered trademarks and prevents misrepresentation of any association or affiliation in the course of providing goods or services. If the IOC or AOC were to take action against a business for passing off, they would need to show:
- An established reputation or goodwill,
- Misrepresentation by the business, whether intentional or unintentional, implying association, affiliation, or sponsorship,
- Resultant damage to the IOC or AOC.
While “The Games” is not a registered trademark of the IOC, using it to promote a business during the Olympics might still be considered passing off.
Bottom line: proceed with caution if using this term!
Best Practice
Businesses looking to take inspo from the Olympic Games should seek legal advice before publication to ensure compliance with regulations. If you desperately want to use the Olympic Properties, your best bet is to seek permission from the IOC. Just be aware that if permission isn’t given, you can’t use the Properties!
Reach out to us at [email protected] if you need help!
And go Aussies!