Grounds for refusal in relation to emblems etc. of Paris Convention countriesU.K.
[F12(1)A design shall be refused registration under this Act if it involves the use of the flag of a Paris Convention country unless—
(a)the authorisation of the competent authorities of that country has been given for the registration; or
(b)it appears to the registrar that the use of the flag in the manner proposed is permitted without such authorisation.
(2)A design shall be refused registration under this Act if it involves the use of the armorial bearings or any other state emblem of a Paris Convention country which is protected under the Paris Convention unless the authorisation of the competent authorities of that country has been given for the registration.
(3)A design shall be refused registration under this Act if—
(a)the design involves the use of an official sign or hallmark adopted by a Paris Convention country and indicating control and warranty;
(b)the sign or hallmark is protected under the Paris Convention; and
(c)the design could be applied to or incorporated in goods of the same, or a similar, kind as those in relation to which the sign or hallmark indicates control and warranty;
unless the authorisation of the competent authorities of that country has been given for the registration.
(4)The provisions of this paragraph as to national flags and other state emblems, and official signs or hallmarks, apply equally to anything which from a heraldic point of view imitates any such flag or other emblem, or sign or hallmark.
(5)Nothing in this paragraph prevents the registration of a design on the application of a national of a country who is authorised to make use of a state emblem, or official sign or hallmark, of that country, notwithstanding that it is similar to that of another country.]
Textual Amendments
F1Sch. A1 (paras. 1-5) inserted (9.12.2001) by S.I. 2001/3949, reg. 3 (with transitional provisions in regs. 10-14)