TRADEMARKING MACEDONIA
A few
months ago, the Preston Lions Soccer Club, most of whose members are culturally
affiliated with Greece’s northern neighbour, recently registered “PRESTON
MAKEDONIA S.C” as a trademark with IP Australia. Publication of the acceptance
of the trademark took place on 8 April 2025 and the application is currently in
“opposition period,” during which time, interested parties are able to lodge
objections. There are currently interested parties who are in the process of
determining the form their objections will take.
The basis
of the trademark relates to the provision of “Goods and Services,” namely: “Class
25: long sleeve tee-shirts; long-sleeved jumpers; tee-shirts; sport shirts;
sports uniforms; articles of clothing; clothing for sports; sports garments;
sportswear; clothing, footwear and headgear; footwear and headwear; T-shirts;
shirts; raincoats [jackets]; trousers; sports hats and caps; hats; beanie hats;
scarfs; track suits; training suits; jogging suits; track pants; tracksuit
pants; soccer boots; soccer cleats [shoes]; soccer cleats [boots]; soccer bibs;
soccer shirts; soccer jerseys; soccer tops.
Class 28: soccer goals; sporting articles;
sporting articles and equipment; footballs [soccer]; balls for playing soccer;
soccer goal nets; gloves for soccer goalkeepers; shin guards for soccer; knee
pads for soccer.
Class 41:
arranging of sports events; arranging and conducting sports events; organising
sports events; sporting activities; sporting and cultural activities; providing
sporting facilities; providing information about sporting and cultural
activities; sports club services; providing training facilities; provision of
sporting competitions; providing sports competitions.”
Significantly,
there is an endorsement on the application which reads as follows: “The
applicant has advised that the English translation of the Macedonian
word/phrase MAKEDONIA appearing in the trade mark is MACEDONIA.”
In other
words, and despite the provisions of the Prespes Agreement, this soccer club
seeks to abrogate to itself, the word Macedonia, one which historically has
been associated with an ancient Greek kingdom, and which since those times, has
fuelled the fires of nationalism in the Balkans. It should be noted that
despite decades of activism by the Greek community, Australia recognises both a
“Macedonian” language and a “Macedonian” cultural affiliation.
The news of
this application has caused unease in many sections of our community. There is
fury among those who cast blame upon the Australian government, believing that
because IP Australia, the trademark regulatory authority is a federal body, it
is somehow linked to the whims or views of the ruling party. This, by the way,
is not the case. There is consternation among those who believe that since
Macedonia is a region of Greece, Greek diplomatic officials within Australia
should be at the forefront of any acts of opposition to the registration of the
trademark. Others, point the finger at our community institutions for what they
perceive to be their complete disinterest in the matter. Some ire is being
pointed at the key stakeholder, the various Pan-Macedonian Associations of
Australia.
The truth
however, is that the situation is somewhat more complicated than first appears. The
strongest basis for challenging those trademarks would likely fall under
Section 43 of the Trade Marks Act. This would involve showing that the marks
should not have been approved for registration due to an inherent meaning or
impression they convey that could mislead or confuse the public. However, this
is not the easiest argument to prove and would require compelling evidence to
show how the use of that name could realistically deceive or confuse the
general public. A task for the lawyers if there ever was one.
And here is
the nub of the problem. There are other trademarks that have been registered
that contain the word “Macedonia.” “Best of Macedonia” is a media entity
culturally affiliated with Greece’s northern neighbour. “T Tikves Belvoda
Vineyards” contain in their trademark the words: “Product of the Republic of
Macedonia.” There are currently, in Australia, no registered trademarks that
contain the word Macedonia that are associated with Greeks or Greek culture. So
how can we argue confusion? Indeed, why should Australian courts be the
arbiters of an issue they do not understand and do not care about?
The only
Greek affiliated trademarks containing the words “Macedonia” were registered by
the Pan-Macedonian Association of Melbourne in 1994. It contained a logo of the
head of Alexander the Great, accompanied by the words: “Hellas Macedonia.” That
trademark was due for renewal in 2009. The renewal fee was not paid and
consequently, the trademark was deregistered. Before that, the same Association
had registered as a trademark the Sun of Vergina, accompanied by the words:
“Hellas Macedonia.” That trademark was due for renewal in 1999. The renewal fee
was not paid and the trademark was subsequently de-registered.
The rule of thumb with logos, symbols and
contentious terms is “use it or lose it.” We complain vociferously when we see
the Star of Vergina on a red background being flown by those culturally
affiliated to Greece’s northern neighbour on the grounds that this constitutes
theft of a Greek symbol. Yet when it is suggested to us that we should fly that
flag, because it is ours, we scoff, scowl and howl in derision, for rather than
taking back what is ours, we have in our subconscious, come to believe it belongs
to them, and have grown to hate the sight of it, let alone use it.
The same
applies within the field of sport where ethnic politics comes face to face with
a ruling class that does looks down upon expressions of ethnic identity in a
sphere that forms an important part of the dominant culture’s national
narrative. If teams are to be taken seriously, and indeed progress to the
highest leagues, ethnic in origin teams are given to understand, they must
divest themselves of their ethnic accoutrements and baggage, and assimilate.
Our major Greek teams have engaged wholeheartedly in this process dictated to
them from above, considering that the future lies within a deracialised
paradigm that will prove lucrative, and not cost them their original core of
members.
It is for
this reason that my team, South Melbourne FC, founded 66 years ago, was
directed by Soccer Australia, along with clubs all over the country, to change
its emblem and name in an attempt to move soccer into the Australian mainstream
and away from direct club-level association with its migrant roots. In
compliance with this directive, it removed the Greek flag from its logo, and
then the word Hellas from its name, adopting in its stead, the term “Lakers,”
until faced by legal action from the L. A Lakers in America. Sadly, these
re-imagings did not enable our beloved club to enter the A League. It seems we
have not yet reached the requisite level of de-racification. What it did do
however, was cause a committed membership to rally around the club in order to
ensure its continued relevance and survival.
Similarly,
Heidelberg United, was founded by Greeks from Florina as the Alexander the
Great-Melbourne Soccer Club in 1958. While it its logo bears Alexander the
Great with a starburst that resembles the Sun of Vergina emanating behind him,
with him bearing a shield with a similar Sun of Vergina bursting behind a
soccer ball, the club has distanced itself from directly referencing Alexander
the Great, renaming themselves Heidelberg United and making no mention of their
founder’s place of origin, Macedonia.
These clubs
do not wish to play ethnic politics. They are not interested in using their
resources in order to advance the historical narratives of Greece, or indeed to
be a vehicle for the maintenance of the Greek identity. Instead, they want to
concentrate on expanding their membership and, understandably enough, on the
game itself. The fact that they have been able to do so, and still retain their
traditional core of fans speaks to the fact that the Greek identity and the
Greek community is infinitely more flexible and pliant than a bunch of slogans,
signs and flags. Nonetheless, a void is inevitably left, that others might
fill.
Preston’s
attempt to trademark the term “Macedonia,” is thus a retrograde step that does
not appear to be in keeping with the times or the prevailing social conditions
in this country. It is a move that belongs in the nineties rather that the
second decade of the new millenium. While it may satisfy its fans in the short
term, it remains to be seen if re-branding oneself as an ethnic ghetto will
ensure the viability of that entity, especially given that the club will have
to play with its peers and drag its own version of identity politics into a
game that has left them behind.
We need to
think seriously about the wisdom of choosing to engage on such a dubious
playing field of their choosing and whether a more nuanced and strategic
approach is required. In the meantime, if we are serious about emphasising the
Greek identity of Macedonia, we might want to think about employing the term
more often, being more vigilant in portraying the Hellenism of Macedonia and
waving the odd flag. Until the next IP challenge that is.
DEAN
KALIMNIOU
First published in NKEE on Saturday 3 May 2025