Using Army emblems

Misuse

Misuse can be offensive to current and ex-serving members.

Trademark misuse occurs when our trade marks are used in a way that violates our ownership rights, potentially causing confusion, diluting the brand, or misrepresenting our brand’s identity or origin. Misuse undermines the legal protections and brand reputation associated with our trade marks:

  • Unauthorised use without permission.
  • Alteration of the Army trademarks.
  • False endorsement – implying sponsorship, affiliation, or approval.
  • Use on unauthorised products or services.
  • Use of our trademark in a manner that weakens or harms our reputation.
  • Counterfeiting – producing/distributing fake goods bearing our protected trademark.

Any suspected or potential misuse of Australian Army emblems are to be reported to the Army Brand Manager with the following information:

  • Is this a product? If so, what is the product?
  • Where is it being sold/displayed, include website link if online.
  • Who is the manufacturer?
  • Include a photo or screenshot of the product/misuse.

Providing more context and details will significantly aid in any investigation. This is because more information allows for a more comprehensive understanding of the situation, enabling more accurate analysis and identification of relevant factors.

Use and application

All Australian Army emblems are protected by section 83 of the Defence Act 1903 (Commonwealth). 

The Rising Sun badge and all Corps emblems are also registered trademarks under the Trade Marks Act 1995 (Commonwealth).

Using an emblem without permission from the Minister for Defence is a breach of the legislation. Applications for permission to use an Army emblem should be made through the online application form after reading through the guidelines provided below.

Before submitting an application, intended use of the emblem should be considered. Inclusion of other Service emblems to appropriately recognise the contribution of Royal Australian Navy, Royal Australian Air Force or the Australian Defence Force is also worth considering.

Information on using the Australian Defence Force, Royal Australian Navy or Royal Australian Air Force emblems can be found by emailing the following contacts:

Using Army Emblems 2025 (PDF 5.08 MB)

The most common circumstance where the public may wish to use an Australian Army emblem is for commemorative or ceremonial purposes. The following can be considered as an alternative to using an Australian Army emblem:

  • a poppy
  • rosemary
  • a slouch hat or soldier resting on reversed arms
  • the words ‘lest we forget’ or ‘we will remember them’.

These images and words are not protected by legislation and do not require permission from the Minister for Defence for use.