Trade Marks Act · 2022 Revised Edition · Part 2
55. Organisation countries
Official textFrom Attorney General's Chambers, unchanged
A trade mark which consists of or contains the flag of a Paris
Convention country or a World Trade Organisation country shall not be registered without the authorisation of the competent authorities of that country, unless it appears to the Registrar that use of the flag in the manner proposed is permitted without such authorisation.
World Trade Organisation country
“World Trade Organisation country” means any country, territory or area, other than Brunei Darussalam, which is a party to the World Trade Organisation Agreement.
A trade mark which consists of or contains the armorial bearings or any other state emblem of a Paris Convention country or a World Trade
Paris Convention country
“Paris Convention country” means a country, other than Brunei Darussalam, which is a party to the Paris Convention;
Organisation country which is protected under the Paris Convention or the
Paris Convention
“Paris Convention” means the Paris Convention for the Protection of Industrial Property of 20th March 1883, as revised or amended;
World Trade Organisation Agreement shall not be registered without the authorisation of the competent authorities of that country.
World Trade Organisation Agreement
“World Trade Organisation Agreement” means the Agreement Establishing the World Trade Organisation done at Marrakesh in 1994, as revised or amended;
A trade mark which consists of or contains an official sign or hallmark adopted by a Paris Convention country or a World Trade
Organisation country and indicating control and warranty shall not, where
Trade Marks the sign or hallmark is protected under the Paris Convention, be registered in relation to goods or services of the same, or a similar kind, as those in relation to which it indicates control and warranty, without the authorisation of the competent authorities of that country.
The provisions of this section 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.
Nothing in this section prevents the registration of a trade mark on the application of a citizen 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.
registration
“registration” means, unless the context otherwise requires, registration in the register;
Where by virtue of this section the authorisation of the competent authorities of a Paris Convention country or a World Trade
Organisation country is or would be required for the registration of a trade mark, those authorities are entitled to restrain by injunction any use of the mark in Brunei Darussalam without their authorisation.
Terms defined in s 2
Paris Convention
Defined · s 2“Paris Convention” means the Paris Convention for the Protection of Industrial Property of 20th March 1883, as revised or amended;
Paris Convention country
Defined · s 2“Paris Convention country” means a country, other than Brunei Darussalam, which is a party to the Paris Convention;
Registrar
Defined · s 2“Registrar” means the Registrar of Trade Marks appointed under section 3;
registration
Defined · s 2“registration” means, unless the context otherwise requires, registration in the register;
World Trade Organisation Agreement
Defined · s 2“World Trade Organisation Agreement” means the Agreement Establishing the World Trade Organisation done at Marrakesh in 1994, as revised or amended;
World Trade Organisation country
Defined · s 2“World Trade Organisation country” means any country, territory or area, other than Brunei Darussalam, which is a party to the World Trade Organisation Agreement.
Part 3
Part
Proceedings Relating to Importation of Infringing Goods
Part