Trade Marks Act 2002

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

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

You could also call this:

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

When you want to register a trade mark, there are some special rules about using flags, emblems, and official signs from other countries. The Commissioner, who is in charge of trade marks, has to be careful about these things.

If you want to use a flag from another country in your trade mark, the Commissioner needs to make sure it's okay. They can only let you use it if the other country says it's alright, or if the Commissioner thinks it's okay to use the flag in that way.

The Commissioner also can't let you use special emblems from other countries in your trade mark without permission. These emblems are like official symbols that represent the country, and they're protected by important international agreements.

There are also rules about using official signs or hallmarks from other countries. These are special marks that show something has been checked or approved. If you want to use one of these in your trade mark, you need permission if it's for similar goods or services that the sign is used for in the other country.

The Commissioner has to follow these rules to make sure trade marks don't use these special symbols without permission. This helps protect the official symbols of other countries.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164481.

Topics:

Business > Intellectual propertyMāori affairs > Te reo Māori

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

"Rules for using flags or symbols in trade marks"

29: Registrability of trade mark that contains armorial bearings, etc, of certain international organisations, or

"Rules for using symbols of international groups in trade marks"

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

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

The Commissioner must not, without the authorisation of the competent authorities of the country concerned, register a trade mark that contains a representation of—
the flag of a convention country unless the Commissioner considers that the use of the flag in the manner proposed is permitted without that authorisation; or
the armorial bearings or any other State emblem of a convention country that is protected under the Paris Convention or the TRIPS Agreement; or
an official sign or hallmark—
1. adopted by a convention country; and
2. that indicates control and warranty in relation to goods or services of the same, or similar, kind as those goods or services in relation to which the trade mark is to be registered; and
3. that is protected under the Paris Convention or the TRIPS Agreement.