Trade Marks Act · s 56

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56.
Emblems etc. of certain international organisations
(1) This section applies to —
(a) the armorial bearings, flags and other emblems; and
(b) the abbreviations and names, of organisations of which the government or governments of one or more
Paris Convention countries or World Trade Organisation countries are members.
(2) A trade mark which consists of or contains any such emblem, abbreviation or name which is protected under the Paris Convention or the
World Trade Organisation Agreement shall not be registered without the authorisation of the organisation concerned, unless it appears to the Registrar that the use of the emblem, abbreviation or name in the manner proposed —
(a) is not such as to suggest to the public that a connection exists between the organisation and the trade mark; or

Trade Marks 52
(b) is not likely to mislead the public as to the existence of a connection between the user and the organisation.
(3) The provisions of this section as to emblems of an organisation apply equally to anything which from a heraldic point of view imitates any such emblem.
(4) Where by virtue of this section the authorisation of an organisation is or would be required for the registration of a trade mark, that organisation is entitled to restrain by injunction any use of the mark in
Brunei Darussalam which was not authorised by it.
(5) Nothing in this section affects the rights of a person whose bona fide use of a trade mark began before the making of this Act.

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s 56Emblems etc. of certain international organisations

(1)

This section applies to —

(a)

the armorial bearings, flags and other emblems; and

(b)

the abbreviations and names, of organisations of which the government or governments of one or more

Paris Convention countries or World Trade Organisation countries are members.

(2)

A trade mark which consists of or contains any such emblem, abbreviation or name which is protected under the Paris Convention or the

World Trade Organisation Agreement shall not be registered without the authorisation of the organisation concerned, unless it appears to the Registrar that the use of the emblem, abbreviation or name in the manner proposed —

(a)

is not such as to suggest to the public that a connection exists between the organisation and the trade mark; or

Trade Marks 52

(b)

is not likely to mislead the public as to the existence of a connection between the user and the organisation.

(3)

The provisions of this section as to emblems of an organisation apply equally to anything which from a heraldic point of view imitates any such emblem.

(4)

Where by virtue of this section the authorisation of an organisation is or would be required for the registration of a trade mark, that organisation is entitled to restrain by injunction any use of the mark in

Brunei Darussalam which was not authorised by it.

(5)

Nothing in this section affects the rights of a person whose bona fide use of a trade mark began before the making of this Act.