Trade Marks Act · 2022 Revised Edition · Part 2
56. Emblems etc. of certain international organisations
Official textFrom Attorney General's Chambers, unchanged
This section applies to —
the armorial bearings, flags and other emblems; and
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.
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 —
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;
is not such as to suggest to the public that a connection exists between the organisation and the trade mark; or
Trade Marks 52
is not likely to mislead the public as to the existence of a connection between the user and the organisation.
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.
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
registration
“registration” means, unless the context otherwise requires, registration in the register;
Brunei Darussalam which was not authorised by it.
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.
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;
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;
Part 3
Part
Proceedings Relating to Importation of Infringing Goods
Part