Paragraph 3 Grounds for refusal in relation to emblems etc. of certain international organisationsF1

(1)

This paragraph applies to—

(a)

the armorial bearings, flags or other emblems; and

(b)

the abbreviations and names,

of international intergovernmental organisations of which one or more Paris Convention countries are members.

(2)

A design shall be refused registration under this Act if it involves the use of any such emblem, abbreviation or name which is protected under the Paris Convention unless—

(a)

the authorisation of the international organisation concerned has been given for the registration; or

(b)

it appears to the registrar that the use of the emblem, abbreviation or name in the manner proposed—

(i)

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

(ii)

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 paragraph as to emblems of an international organisation apply equally to anything which from a heraldic point of view imitates any such emblem.

(4)

Nothing in this paragraph affects the rights of a person whosebona fide use of the design in question began before 4th January 1962 (when the relevant provisions of the Paris Convention entered into force in relation to the United Kingdom).

Annotations

Textual amendments

F1: Sch. A1 (paras. 1-5) inserted (9.12.2001) by S.I. 2001/3949, reg. 3 (with transitional provisions in regs. 10-14)