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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

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

You could also call this:

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

You can't register a trade mark that shows the coat of arms, flag, emblem, short name, or full name of an international group that has countries as members. This rule applies if the group's symbols are protected by special agreements between countries.

However, the person in charge of registering trade marks can allow it in two cases. First, if they think people won't think the trade mark is connected to the international group. Second, if they don't think it will trick people into believing the person using the trade mark is linked to the group.

This rule helps protect the symbols of important international organisations and stops people from using them in ways that might confuse others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM164482.

Topics:
Business > Intellectual propertyMāori affairs > Te reo Māori
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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"

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30: When emblems, etc, are protected under Paris Convention or TRIPS Agreement, or

"Rules for using country symbols and names on trade marks"

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

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

  1. The Commissioner must not, without the authorisation of the international organisation concerned, register a trade mark that contains a representation of the armorial bearing, flag, or other emblem, or the abbreviation or name, of an international intergovernmental organisation of which 1 or more convention countries are members if the armorial bearing, flag, or other emblem, or the abbreviation or name, of the international organisation concerned is protected under the Paris Convention or the TRIPS Agreement.

  2. Despite subsection (1), the Commissioner may register a trade mark if the Commissioner considers that the use of the armorial bearing, flag, or other emblem, or the abbreviation or name, of the international organisation concerned in the manner proposed—

  3. is not likely to suggest to the public that a connection exists between the organisation and the trade mark; or
    1. is not likely to mislead the public as to the existence of a connection between the user and the organisation.