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Trade Marks Act 2002

Registrability of trade marks - Relative grounds for not registering trade mark - Registrability of trade mark that contains flags

27: Registrability of trade mark that contains representation of flag, etc, generally

You could also call this:

"Rules for using flags or symbols in trade marks"

When you want to register a trade mark that includes a picture of a flag, coat of arms, special badge, honour, or decoration belonging to someone, you might need to get permission first. The person in charge of registering trade marks can ask you to get this permission in writing from the person who owns or controls the use of that picture. This rule doesn't apply in some special cases that are explained in other parts of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164480.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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26: Exceptions, or

"When you can register a trade mark even if it's like another one"

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28: Registrability of trade mark that contains flag, State emblems, etc, of convention country, or

"Rules for using other countries' symbols in your trade mark"

Part 2Registrability of trade marks
Relative grounds for not registering trade mark: Registrability of trade mark that contains flags

27Registrability of trade mark that contains representation of flag, etc, generally

  1. If a person applies for registration of a sign as a trade mark and the sign includes a representation of the flag, armorial bearing, insignia, orders of chivalry, or decorations of any entity, the Commissioner may require that the applicant obtain the written consent of the person who appears to the Commissioner to be entitled to consent to the registration and use of the sign as a trade mark.

  2. Subsection (1) does not apply if section 28 or section 29 applies.